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SCR.A/133220/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1332 of 2008
====================================================
GAURANGBHAI
GIRISHBHAI TRIVEDI - Applicant(s)
Versus
STATE
OF GUJARAT & 6 - Respondent(s)
====================================================
Appearance :
MR
RJ GOSWAMI for Applicant(s) : 1,MR DINESH B PATEL for Applicant(s) :
1,
MR MR MENGDEY, APP for Respondent(s) : 1,
None for
Respondent(s) : 2 - 3.
NOTICE UNSERVED for Respondent(s) : 4,
7,
NOTICE SERVED for Respondent(s) : 5,
MR AB GATESHANIYA for
Respondent(s) :
6,
====================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 22/08/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.R.VORA)
Today,
when the matter is called out, learned advocate Mr.Raval submits that
he appears for respondents no.4,5,6 & 7. Ripalben, daughter of
the petitioner is present before this Court on her own and through
ld.advocate Mr.Raval. Ld.APP Mr.Mengdey, incharge of the matter,
ld.APP Mr.L.B.Dabhi and ld.APP Ms.Darshana Pandit are present.
Ld.advocate Mr.Raval submits that date of birth of Ripalben is
22.11.1989, and hence, she is major. While on the other hand, it is
found from record that petitioner has placed on record, zerox copy of
birth certificate of Ripalben, issued by Department of Health (Births
& Deaths), Ahmedabad Municipal Corporation, which indicates the
date of birth of Ripalben to be 24.11.1993. Zerox copy of the
certificate, which Mr.Raval submits is taken on record. That also has
been issued by the Public Health Department, State Government. Thus,
there are two birth certificates in respect of victim girl
Ripalben. And according to the zerox copy of certificate produced on
behalf of the respondent, date of birth is 22.11.1989, while the
certificate as mentioned in the petition, issued by Ahmedabad
Municipal Corporation and produced by the petitioner, indicates the
date of birth of Ripalben to be 24.11.1993.
Ld.advocate
Mr.Goswami for the petitioner is present. Mr.Ajay Chaudhari, Deputy
Commissioner of Police, Zone 5, Ahmedabad city is also present
and Mr.D.A.Desai, Police Inspector, Ramol Police Station is also
present.
In
view of above, at this stage it is difficult to ascertain whether
Ripalben is minor or whether she has attained the age of majority.
Mr.Ajay
Chaudhari, Dy.Commissioner of Police is directed to investigate in
respect of both the birth certificates in respect of Ripalben, and
find out after investigation that which of the two certificates is
correct one and which one is forged. Necessary criminal action may
also be taken, if any of the two birth certificates are found forged.
In
view of the above, since it not certain that what is the date of
birth of Ripalben, we think it proper to send Ripalben for the time
being to Paldi Vikas Gruh, with a direction that she will be taken
well care of. Neither the petitioner nor any of the respondents no.4
to 7 shall make any attempt to meet Ripalben in Paldi Vikas Gruh, and
if necessary, police protection, at the request of Paldi Vikas Gruh,
should also be arranged.
Petitioner
to deposit a sum of Rs.10,000/- (Rupees Ten thousand only) before
this Court immediately, within 2 days towards cost, which may be
incurred in this litigation, and in future, necessary orders shall be
passed in respect of this amount.
Mr.Chaudhari,
Dy.Commissioner of Police is directed to report to this Court on
04.09.2008 about the investigation carried out as directed by this
Court above. Police Inspector, Ramol Police Station is directed to
accompany Ripalben with woman constable, and Ripalben may safely be
taken to Paldi Vikas Gruh. The parties shall co-operate in the
investigation as ordered by this Court, at their best. It is further
directed that Paldi Vikas Gruh shall keep Ripalben present before
this Court on 04.09.2008 at 11 o’clock and shall not
allow anyone to take Ripalben away from Paldi Vikas Gruh, except by
the order of this Court.
S
O to 04.09.2008.
(J.R.VORA,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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