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SCR.A/1872/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1872 of 2008
=========================================================
RABARI
NITABEN BABUBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance
:
MR
AG JOSHI for
Applicant(s) : 1,
MR MR MENGDEY, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 22/09/2008
ORAL
ORDER
1. By
way of this petition under Article 226 of the Constitution of India,
petitioner has prayed for following reliefs:
(B) YOUR
LORDHSIPS may be pleased to direct the Police Inspector, Deesa Police
Station-respondent No.3 to record the statement of the petitioner, if
any, before this Honourable Court or before the Judicial Magistrate,
First Class, pursuant to the application given by the petitioner.
(C) Your
Lordships may be pleased to pass appropriate order for the police
protection of the petitioner and her husband.
(D) Your
Lordship may be pleased to direct the police authorities, including
Police Inspector, Deesa Police Station ? respondent No.3 not to
call the petitioner and her husband at the police station and the
police wants to record statement of the petitioner and her husband,
the police may be directed to record such statement visiting the
house of the petitioner with a lady constable with prior intimation
during day hours.
2. It
is the contention on behalf of the petitioner that she has married
with one Babubhai and under the facts and circumstances of the case,
as it is apprehended that if they go to the concerned police station
for recording their statements, there is danger to their lives. They
may not be called by the concerned police inspector, Deesa police
station for recording the statements and police may be directed to
take statements by visiting house the of the petitioner with a lady
constable with prior intimation during day hours.
3. In
the facts and circumstances of the case and even considering the
relevant provisions of Criminal Procedure Code, normally, lady should
not be called for the purpose of recording her statement and her
statement can be recorded at her residence and preferably in the
presence of a lady constable. Prayer in terms of para 8(D)deserves to
be considered. Under the facts and circumstances of the case, Police
Inspector, Deesa Police Station is directed not to call the
petitioner and her husband at the police station and if he wants to
record the statements of the petitioner and her husband, he may
record such statements by visiting the house of the petitioner with a
lady constable with prior intimation and the petitioner and her
husband are directed to cooperate with the Investigating Officer and
they give their statements accordingly.
4. With
this, present application is allowed to the aforesaid extent. Rule is
made absolute accordingly to the aforesaid extent.
(M.R.Shah,
J.)
sudhir
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