Gujarat High Court Case Information System
Print
SCR.A/3862010/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 386 of 2010
=========================================
PIRAJI
BHALAJI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================
Appearance :
MR
SK GADHAVI for Applicant(s) : 1,
MR. L.B.DABHI, ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) : 1,
RULE SERVED BY DS for
Respondent(s) : 2-3
Mr.
Virat Popat for Respondent No.
4.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 18/03/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application has been preferred by the petitioner for writ of
habeas corpus on the allegation that corpus Somiben Pirabhai is
unauthorizedly detained by one Prahladji Taraji Patel Respondent
No.4.
Pursuant
to the earlier order passed by this Court, V.J.Desai, Circle Police
Inspector, Sihori Circle is present and corpus Somiben is also
present.
We
have inquired about the freewill of Somiben and she states that she
is aged 19 years and she has voluntarily married with Prahladji
Taraji Patel and she has shown her willingness to stay with him as a
married woman. Prahladji Taraji Patel is also present with his
Advocate Mr. Virat Popat. Prahladji Taraji Patel has stated before
us that he will treat Somiben properly as his wife.
The
father of Somiben Piraji Bhalaji Patel, who is the petitioner,
and the mother of Somiben are present with their Advocate Mr.
S.K.Gadhavi. They have stated that they shall not create any
disturbance in their married life, if Somiben desires to stay with
her husband.
The
apprehension is voiced by Advocate Mr. Popat that with a view to see
that there may not be any law and order problem or the safety of the
girl is maintained, Court may pass appropriate orders for directing
the Police Officer to see that Somiben and her husband Prahladji
Taraji Patel are left at Bhesana, Taluke Deodar.
In
view of the aforesaid, Somiben is set free and the Police Officer is
directed to see that Somiben and her husband Prahladji Taraji Patel
are safely left at their residence.
Rule
is made absolute to the aforesaid extent.
(Jayant
Patel,J)
(Rajesh
H. Shukal,J)
Jayanti*
  Â
Top
