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SCR.A/285/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 285 of 2010
=========================================
ASHOKBHAI
P BHATT
Versus
STATE
OF GUJARAT AND OTHERS
=========================================
Appearance :
MS
PJ JOSHI for the Petitioner
MR DEVANG VYAS, ADDITIONAL PUBLIC
PROSECUTOR for Respondent No.1
None for Respondent(s) : 2 -
5.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 25/02/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. The
present petition is filed by Ashokbhai P.Bhatt praying that:-
(12) (B) Your
Lordships may be pleased to Writ of Habeas Corpus or any other
appropriate order or directions to the respondents for producing her
daughter Bhukima, before this Hon. High Court from unlawful detention
by Respondent No: 2 to 5 and hand over her possession to the
Petitioner;
2. The
matter came up for consideration on 22.02.2010. On that day, the
girl Bhumika, respondent No.2 – Rakesh @ Boby Natubhai Parmar,
his mother Manjulaben Natubhai Parmar respondent No.4 and his
elder brother Mahesh Natubhai Parmar were present in the Court. As
the petitioner did not know that the girl may be present before the
Court, he had not come to the Court and therefore, at the request of
the learned advocate for the petitioner,
the matter was kept today, so as to enable the petitioner to remain
present before the Court.
3. At
the request of the parties, the matter is taken up in Chamber.
4. The
contents of the petition are ascertained and it is learnt from the
girl Bhumika that she is not detained by respondent Nos.2 to 5 at
all, much less against her wishes. She submitted that she has
married with respondent No.2 Rakesh @ Boby Natubhai Parmar and
she of her own wish residing with the family of respondent No.2. Not
only that, we talk to respondent Nos.2 and 4 also in the Chamber.
They have assured the Court that they will see to it that the girl is
kept like a daughter in the family and is not given any occasion to
complain against them.
5. In
view of the aforesaid ascertainment of the wishes of the girl, the
Court finds no substance in the petition. Hence, the petition is
dismissed.
(Ravi
R.Tripathi, J.)
(J.C.Upadhyaya,
J.)
*Shitole
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