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SCR.A/1350/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1350 of 2008
=========================================================
PADHIYAR
MUKESHBHAI SHIVAJI - Petitioner
Versus
CHANDANSINH
PUNMAJI RAJPUT & 5 - Respondents
=========================================================
Appearance
:
MR
PRAFULL K PATHAK for
petitioner.
MR NK MAJMUDAR for Respondents : 1 & 2.
MR
MENGDE, APP, for Respondent :
6,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 04/08/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
We
have heard learned advocate Mr.Pathak for the petitioner, learned
A.P.P. Mr.Mengde and learned advocate Mr.S.J.Nayak, appearing on
behalf of learned advocate Mr.N.K.Majmudar, who states that he has
instructions to appear for respondent Nos.1 & 2. We have also
spoken at length with the petitioner, respondent No.1 and
petitioner’s daughter Alka.
2. While
speaking to us, girl Alka has disclosed certain serious aspects about
the behaviour of the petitioner with her, which we have found to be
shocking but truthful, and in our opinion, her interest does not lie
in her being sent with the petitioner.
3. According
to her, she has completed 18 years of age, but, she has no proof of
age, and it is not possible for her or respondent No.1 to go to
Deesa, because of fear of the petitioner, to collect the details. In
this set of circumstances, we direct the learned A.P.P. to use his
office and require the police officer to collect the details of place
of birth of girl Alka from the petitioner or his wife, to inquire at
the place where her birth has taken place and also to inquire with
the Local Authority, so also with the school authority, and intimate
the same to this Court on the next adjournment. The petitioner states
that girl Alka was born in the hospital of Dr.Vaghela located
opposite the Court Building at Deesa.
4.
The matter is adjourned to 7.8.2008. In the meantime, girl Alka will
continue to be kept at Narisanrakshan Gruh, Palanpur as per the
earlier order dated 24.7.2008. We, however, considering what is
disclosed to us by girl Alka, modify the earlier order and direct the
authority of Narisanrakshan Gruh, Palanpur not to permit the
petitioner to meet Alkaben during this period.
S.O.
to 7.8.2008.
[A.L.Dave,J.]
[Smt.Abhilasha
Kumari,J.]
(patel)
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