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SCR.A/1107/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1107 of 2008
=====================================================
BHARATBHAI
CHANDUBHAI DAMOR - Applicant
Versus
STATE
OF GUJARAT AND OTHERS - Respondents
=====================================================Appearance
:
MR HEMAL A DAVE for the
Applicant.
MS MANISHA L. SHAH, ADDITIONAL PUBLIC PROSECUTOR for
Respondent : 1.
None for Respondents : 2 -
5.
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 09/07/2008
ORAL
ORDER
1. RULE.
Learned Additional Public Prosecutor Ms. Manisha L. Shah waives
service of Rule on behalf of the respondent-State. In the facts and
circumstances of the case, the matter is taken up for hearing today.
2. The
petitioner has preferred the present petition with following
prayers:-
?S(a) Your
Lordship may be pleased to direct the Respondent No. 3 to register
FIR against the Respondent Nos. 4 & 5 on the basis of complaint
at Annexure-A dated 27-4-2008.
(b) That
the Hon’ble Court may be pleased to issue writ of mandamus or any
other appropriate writ, order or direction, directing the Respondent
Nos. 1 to 3 to provide protection to the petitioner and his wife.
(c) That
the Hon’ble Court may be pleased to hold that not registering FIR
against the Respondent Nos. 4 and 5 by Respondent No. 3 is illegal,
unjust and improper.
(d) Pending
admission and till final disposal of this Special Civil Application,
the Hon’ble Court may be pleased to provide protection to the life
and liberty of the petitioner and his wife.
(e) To
grant such other and further relief as the Hon’ble Court may deem fit
and appropriate in the facts and circumstances of the case.??
In
view of the above prayers, it is submitted that necessary police
protection is required to be given to the petitioner and his wife.
3. Learned
Additional Public Prosecutor Ms. Manisha L. Shah has submitted that
she has received letter dated 26-04-2008 written by District
Superintendent of Police, Sabarkantha wherein it is stated that when
the place of the petitioner was visited on 23-08-2008, neither the
petitioner nor his wife was present in their house and the petitioner
had gone to some other place (Chandigarh) and his wife had gone to
Panchmahals District.
4. In
view of the above, as on today, no protection can be given to them
and, therefore, the prayers, as set out in the petition, also cannot
be granted. With these observations, the petition stands disposed
of. The letter referred to hereinabove is taken on record. Rule
discharged.
[H.
B. ANTANI, J.]
/shamnath
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