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CR.MA/11217/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11217 of 2011
=========================================================
ANAND
@ ANILBHAI ASHARAMBHAI RAVAL & 2 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MRDKCHAUDHARI
for
Applicant(s) : 1 - 3.
PUBLIC PROSECUTOR for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 08/08/2011
ORAL
ORDER
Present
petition under
section 482 of the Code of Criminal Procedure
has bee preferred by the petitioners – original accused Nos.1 to 3
to quash and set aside the impugned First Information Report being
CR No.I-124 of 2011 registered with Chanasma Police Station for the
offences punishable under sections 366 and 114 of Indian Penal Code.
Mr.Chaudhary,
learned advocate appearing on
behalf of the petitioners has heavily relied upon the
Affidavit-cum-Declaration of the Geetaben, who according to the
petitioner has now married
with the petitioner
No.1 and is now wife of the petitioner
No.1, and has submitted that as such the said Geetaben had
run away with the petitioner
No.1 voluntarily and the petitioners have not committed the
offence as alleged and that the complaint is false.
Considering
the Affidavit-cum-Declaration of Geetaben, let petitioner
No.1 along with the said Geetaben appear before the
concerned investigating officer
and their statements be recored by the investigating
officer. As and when the petitioner No.1 and Geetaben, who
is now reported to be the wife of the petitioner
No.1, appear before the concerned investigating
officer, the concerned investigating
officer is hereby directed to record their statement and
proceed further with the investigation and submit appropriate report
in accordance with law. There shall not be any coercive action
against the petitioners till the statements of the petitioner No.1
and Geetaben are recorded, and subject to statement that may be made
by said Geetaben.
Direct
Service is permitted.
[M.R.
SHAH, J.]
rafik
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