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SCR.A/892/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 892 of 2010
=====================================================
VIMALKUMAR
PASHABHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=====================================================
Appearance :
MR
JV JAPEE for Applicant(s) : 1,
Mr.K.L.Pandya,learned ADDL.PUBLIC
PROSECUTOR for Respondent(s) : 1,
MR RAJKUMAR CHAUMAL for
Respondent(s) : 2 - 4.
RULE SERVED BY DS for Respondent(s) :
5,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 02/08/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1. The
present petition has been preferred by the petitioner-husband to set
his wife Punamben free on the alelgation that she has been wrongfully
confined by her parents.
2. This
Court on 21-6-2010 had passed the following order:
Pursuant
to the earlier order passed by this Court, corpus Punamben is present
and she states that she is desirous to stay with for two days with
her husband, but thereafter, as there is problem of delivery of her
sister and the condition of her mother is also not good, she would
like to stay with her parents for about six weeks. Hence, parties
shall act accordingly. SO to 2.8.2010.
3. Today
corpus Punamben is present. She had declared before us that she is
desirous to stay with her husband.
4. However,
she reported to us that the Police Constable had visited her place at
about 2’0′ Clock in the night and compelled her to remain at the
Police Station with a view to see that she can be produced tomorrow
before the court. The aforesaid deserves to be deprecated and we
would have taken further action in this regard. However, Police
Constable Babubhai had apologised before us and he has stated that
such incident would not happen in future. Hence we leave the matter
at that stage.
5. It
is observed that in case of any disturbance by the parents,namely,
respondents Nos.2 and 3, the corpus or the petitioner shall be at
liberty to report to the concerned Police Station and if such is
reported, the concerned Police Officer shall take appropriate action.
6. Accordingly,
we set the corpus free. She shall be at liberty to stay with her
husband.
7. The
petition is disposed of accordingly. Rule is made absolute.
(Jayant Patel,J)
(Smt.Abhilasha Kumari,J)
arg
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