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SCR.A/762/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 762 of 2011
=========================================================
NANAKRAM
DHARAMDAS RAMCHANDANI (SINDHI) - Applicant(s)
Versus
STATE
OF GUJARAT & 7 - Respondent(s)
=========================================================
Appearance
:
MS
ARCHANA U AMIN for
Applicant(s) : 1,
MR KL PANDYA ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
8.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE R.M.CHHAYA
Date
: 30/03/2011
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
The
petitioner claims to be the father of respondent No.8, who is
admittedly a major. In fact, respondent No.8 was found by the
petitioner at Dadar Railway Station in 2009. The allegation is that
respondent Nos.5, 6 and 7 have illegally confined/detained respondent
No.8. However, barring bald allegation, there is nothing to support
the allegation. The allegation is made on the basis of some
utterances that might have been made earlier in point of time when
there was some family dispute. The petitioner has already approached
the police authorities and an offence is registered and is being
investigated. As per the statement made at the Bar by Ms Amin, on
instructions, now the investigation is handed over to C.I.D.. The
petitioner does not make any grievance as to the investigation except
that despite long lapse of time, the girl is not traced. If there is
no lapse in investigation or any attempt to trace the girl, simply
because the girl is not traced for a long time, a petition of this
nature cannot be entertained, particularly looking to the size of the
country and the density of population. This Court even after
entertaining this petition will have to depend on the same agency
which is investigating the matter and entertaining this petition will
not benefit the petitioner in any manner nor not entertaining this
petition would cause any disadvantage to the petitioner. The
petition, therefore, must fail and stands dismissed.
(A.L.
DAVE, J.)
(R.M.
CHHAYA, J.)
zgs/-
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