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SCR.A/35/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 35 of 2010
=========================================
VINODBHAI
ALIAS GIRISHBHAI RAMJIBHAI PARMAR
Versus
STATE
OF GUJARAT & ORS
=========================================
Appearance :
MR
DA ZALA for Applicant
MR DEVANG VYAS APP for Respondent Nos.
1-4
None for Respondents 5 -
7.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 19/01/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present petition is filed alleging that respondent Nos. 6 and
7 are missing since 11.10.2003.
It
is the case of the petitioner himself that, as set out in
Paragraph-7, the petitioner had filed an Application under
Section-57 of the Code of Criminal Procedure in the court of Learned
Metropolitan Magistrate, Ahmedabad, on 02.02.2007, being Criminal
Misc. Application No. 58 of 2007, which was rejected, vide order
dated 01.09.2007. A copy of which is produced at Annexure-B.
Learned
APP Mr. Devang Vyas invited attention of this Court to a
statement dated 11.02.2007 of respondent No.6 herein. The contents
of the said statement shows that the respondent No.6 is away from
the petitioner on her own wish and will and she is not detained by
respondent No.5 against her will. The learned APP further submitted
that this fact is within the knowledge of the petitioner.
Learned APP places on record a copy of the said statement dated
11.02.2007.
In
fact, this is a fit case wherein an investigation against the
petitioner be ordered and necessary proceedings in the nature of
criminal prosecution be filed, but taking a lenient view in the
matter, the Court restrains itself from passing such order.
in view of the aforesaid fact, there is no substance in the
petition and the same is dismissed.
(RAVI
R. TRIPATHI, J.)
(J.C.UPADHYAYA,
J.)
pnnair
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