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SCR.A/531/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 531 of 2010
=========================================================
GOVINDBHAI
KANTIBHAI SOLANKI - Applicant(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance :
SHRIKAR
H BHATT for
Applicant(s) : 1,MRBHAVIKJPANDYA for Applicant(s) : 1,
MR LB
DABHI, APP for Respondent(s) : 1,
RULE SERVED for Respondent(s) :
2 - 3.
UNSERVED-REFUSED (N) for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 27/04/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present petition is filed by the petitioner husband to set his wife
Kokilaben free on the allegation that she has been wrongfully
confined by respondent No.4 by Kaushik Bhikhabhai Solanki.
Pursuant
to the earlier order passed by this Court, corpus Kokilaben is
present with P.I. Mr. B.J.Patel, Saherkotda Police Station as
reported by the learned APP.
We
have inquired about the free will and desire of the corpus
Kokilaben. She has declared before us that she has voluntarily gone
with Kaushikbhai, but now she is desirous to stay with her husband
Govindbhai.
Kaushikbhai,
respondent No.4 herein is also present. He has declared before the
Court that if corpus Kokilaben is desirous to stay with her husband,
he shall not create any disturbance.
The
petitioner is also present and he states that if Kokilaben is
desirous to stay with him, he shall treat her properly as wife.
In
the above view of the matter, we set corpus Kokilaben free. She
would be at the liberty to stay with her husband.
Petition
disposed of accordingly. Rule made absolute to the aforesaid
extent. The amount of Rs.3,000/- which has been deposited by the
petitioner shall be refunded to the petitioner by A/c. Payee cheque.
(JAYANT
PATEL, J.)
(Z.K.SAIYED,
J.)
*bjoy
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