Gujarat High Court Case Information System
Print
CR.MA/11244/2009 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11244 of 2009
With
CRIMINAL
MISC.APPLICATION No. 14437 of 2009
In
CRIMINAL
MISC.APPLICATION No. 11244 of 2009
=========================================================
TINABEN
KHETAJI TANK W/O VIKRAM KHIMAJI MALI & 6 - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
LR PATHAN for
Applicant(s) : 1,3 - 7.MR RJ GOSWAMI for Applicant(s) : 2,
MR KP
RAVAL, APP for Respondent(s) : 1,
RULE SERVED for Respondent(s) :
2,
MR DK DESAI for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 19/01/2010
ORAL
ORDER
Criminal
Misc. Application is filed by one Tinaben seeking quashing of
complaint at Annexure A filed by her father alleging, inter alia,
offence punishable under section 363 and 366 read with section 114 of
the Indian Penal Code against one Vikrambhai and others. As stated
in the petition, her case was that she was not kidnapped by
Vikrambhai and that she had left her parents house voluntarily.
After initially filing the quashing petition on behalf of Tinaben,
other accused were also joined as co-petitioners.
Criminal
Misc. Application No.14437 of 2009 came to be filed by same Tinaben
stating, inter alia, that the allegations in the complaint are true
and that she had never desired to present the quashing petition.
I
had requested the learned advocates for the presence of the girl. In
presence of the learned APP and in absence of others, I had briefly
interviewed her. I find that she desires to stay with her parents.
However, the allegations made in the present complaint regarding
filing of quashing petition without her authority is not pressed by
her counsel Shri A.D.Desai.
The
fact, however, remains that girl Tina does not support the quashing
petition. It is, therefore, not possible to terminate the criminal
proceedings on her say since she has now vitally changed her stand.
Prima facie, however, it appears that she had stayed with Vikrambhai
for more than a month. Documents are produced to show that two had
got married and she was well over 18 years of age when the incident
took place. In fact, she is stated to be about 23 years old. I am
sure, the Investigating Authority shall bear in mind all these
aspects while investigating into the allegations made by the
complainant.
In
view of the above discussion, Criminal Misc. Application No.14437 of
2009 is disposed of as not pressed. Criminal Misc. Application
No.11244 of 2009 is disposed of subject to the above observations.
Notice is discharged. Interim relief is vacated.
(Akil
Kureshi, J.)
(vjn)
Top