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SCR.A/886/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 886 of 2008
=========================================================
PURIBEN
WD/O NATHABHAI CHAVDA - Applicant(s)
Versus
STATE
OF GUJARAT & 5 - Respondent(s)
=========================================================
Appearance
:
MR
VM PANCHOLI for
Applicant(s) : 1,
PUBLIC PROSECUTOR for Respondent(s) : 1,
None
for Respondent(s) : 2, 4,
NOTICE SERVED for Respondent(s) : 3,5 -
6.
MR HM PRACHCHHAK for Respondent(s) : 5 -
6.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 11/09/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.R.VORA)
Today,
Circle Police Inspector Mr. J.B. Rana, Babra, District Amreli,
through learned APP Mr.Dabhi, has produced on record further progress
Report and one Affidavit, sworn on 31.7.2008. According to the search
Report it becomes very clear that missing girl Pravina has left the
house on her own volition and has eloped with some one. It also
becomes clear that the story of kidnapping, etc., made in the
Application appears not to be inspiring. The police has received a
letter from missing girl in this respect and affidavit of missing
girl to this effect is also received by Police, which is also on
record. It is further made clear that a major girl for her own reason
has left the home and, therefore, there is in fact no prima facie
case in favour of the applicant within the scope of habeas corpus.
Learned
Advocate Mr. Pancholi for the petitioner controverted the Affidavit,
filed today by Mr.Rana, and states that he wanted to take instruction
and file further Affidavit in respect of Affidavit filed by Mr. J.B.
Rana, Circle Police Inspector, Babra. However, we are satisfied from
the progress Report submitted on record as well as from the Affidavit
filed by Mr.J.B. Rana that due search has been carried out by the
Police according to law and that it also revealed that in fact it is
not a case of legal detention or to issue writ of habeas corpus and,
therefore, we are not inclined to grant a single day’s adjournment to
the petitioner in respect of the submission made.
In
this view of matter, this petition stands disposed of. Notice is
discharged.
(J.R.
VORA, J.)
(Z.K.SAIYED,J.)
sas
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