Gujarat High Court High Court

====================================== vs Mr Kartik Pandya on 10 October, 2011

Gujarat High Court
====================================== vs Mr Kartik Pandya on 10 October, 2011
Author: D.H.Waghela, Honourable J.C.Upadhyaya,
  
 Gujarat High Court Case Information System 
    
  
    

 
 
    	      
         
	    
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SCR.A/2418/2011	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CRIMINAL APPLICATION No. 2418 of 2011
 

 
======================================


 

NAROTTAMDAS
MAYARAM SADHU 

 

Versus
 

STATE
OF GUJARAT AND OTHERS
 

====================================== 
Appearance
: 
MR
AJAY L PANDAV for Applicant. 
MR KARTIK PANDYA, APP for
Respondents. 
======================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE D.H.WAGHELA
		
	
	 
		 
			 

 

			
		
		 
			 

and
		
	
	 
		 
			 

 

			
		
		 
			 

HONOURABLE
			MR.JUSTICE J.C.UPADHYAYA
		
	

 

Date
: 10/10/2011 

 

ORAL
ORDER

(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)

1. After
serious alleged offences having been committed and complaints and
representations being made, the petitioner has approached this Court
for a writ of habeas corpus for production of his two married
daughters and one unmarried minor daughter, even as the married
daughters were alleged to have been abducted with their young
children. After issuance of Rule on 19.9.2011, it was pleaded before
this Court by the State that the local police officers were unable to
trace the respondents concerned, who were alleged to have taken away
the daughters of the petitioner and their children. Therefore, it
was requested that the Local Crime Branch may be directed to take
over the task of investigating into the matter in which serious
cognizable offences prima facie appeared
to have been committed. Thereafter, today, the same police officers,
who were present on the last occasion, who had requested for transfer
of investigation to the Local Crime Branch, have produced three
daughters of the petitioner along with their children. It is also
reported, on instructions, by learned APP that appropriate
investigation into the
alleged offences shall now be
expeditiously carried out and appropriate report shall be submitted
to the Court concerned for prosecution and trial.

2. In
the meantime, daughters of the petitioner have expressed their
willingness to return to the house of the petitioner, who is
personally present in the Court. Under the circumstances, learned
counsel for the petitioner submitted that the petitioner will take
his daughters to his own house but due to his apprehensions about
safety and security of his daughters, the police officers who are
present in the Court, may be directed to see that the petitioner and
his daughters are safely returned to their residence. It was
conceded that nothing further was required to be done as far as the
present petition is concerned. Accordingly, the petition is disposed
and Rule is discharged, recording the statement of learned APP that
the petitioner and his daughters shall be provided adequate
protection and shall be escorted to their residence. In view of the
facts of the case narrated before this Court, orally and in the
petition, it would be appropriate that the District Superintendent of
Police concerned would take necessary measures for security of the
petitioner, his married daughters and their husbands, so as to
prevent recurrence of such events and tampering with any evidence.

3. A
copy of this order shall be immediately given to learned APP.

(D.H.Waghela,
J.)

(J.C.Upadhyaya,
J.)

*malek

   

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