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SCR.A/583/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 583 of 2010
=========================================================
MUMTAZBEN
ANARBHAI SANGHVANI - Applicant(s)
Versus
COMMISSIONER
OF POLICE, RAJKOT & 5 - Respondent(s)
=========================================================
Appearance
:
MR
VH KANARA for
Applicant(s) : 1,MR VIJAY H NANGESH for Applicant(s) : 1,
MR KP
RAVAL, APP for Respondent(s) : 1,
RULE UNSERVED for Respondent(s)
: 2 - 3.
MRHARSHITSTOLIA for Respondent(s) : 4 - 6.
MRPARTHSTOLIA
for Respondent(s) : 4 -
6.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 06/05/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
Pursuant
to the earlier order passed by this Court, the learned APP has
placed on record the report received from the Police Inspector,
Gandhigram Police Station. Respondents No.4 and 5 are also
personally present.
The
unfortunate part is that two envelopes are forwarded to this Court
regarding making grievance about the orders passed by this Court and
the implementation thereof. One of the letters is stated to have
been written by Roshanben Sanghvani, respondent No.6, claiming that
the human rights are violated and the another letter is written by
respondent No.5, stating that the family is suffering on account of
the alleged harassment by the police, every time the inquiry is
being held, since this Court has passed the order. The tenor of
both the letters is that the search warrant should be cancelled and
the child should be allowed to remain with the father as he has
done.
This
Court would have taken serious action for addressing correspondence
in this regard, however, the learned Counsel for respondents No.4,
5, and 6, under the instructions of his clients, has tendered
unconditional apology, stating that they were not knowing about the
seriousness of the matter.
Be
it noted that when the matter is at large pending before this Court,
any submission to be made by the parties to the proceedings, has to
be made in the Court and cannot be by way of correspondence to any
Judge of this Court, that too, one of the Judges of the Bench, as
done in the present case. However, as the apology is tendered, we
leave the matter at that stage.
As
a last opportunity, S.O. to 11.5.2010.
The Police shall make use of all intelligence available with it, if
required, with the help of the Assistant Deputy Commissioner of
Police, Rajkot City and L.C.B., and the attempts shall be made to
produce the corpus before this Court on the next date.
It
is also observed that if the respondent is voluntarily desirous to
produce the child before this Court, arrest shall not be affected by
the Police.
(Jayant
Patel, J.)
6.5.2010 (Z.
K. Saiyed, J.)
vinod
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