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CR.MA/8291/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8291 of 2008
==========================================
PIYUSHBHAI
DINESHBHAI THAKKAR & ANR
Versus
STATE
OF GUJARAT & ANR
==========================================
Appearance
:
MR HARSHIT S TOLIA for
Applicants:1-2
MR MUKESH PATEL, ADDL.PUBLIC PROSECUTOR for
Respondent:1
None for
Respondent:2
==========================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 27/06/2008
ORAL ORDER
Heard
Mr.Harshit Tolia, learned Advocate for the petitioners.
The
learned Advocate for the petitioners has drawn the attention of the
Court to the statement dated 29th December, 2007 made by
the prosecutrix before the police authorities wherein she has stated
that she had, of her own, gone with the petitioner No.1 herein. On
the contrary, it was she, who had compelled the petitioner No.1 to
elope with her. In support of his submission, the learned Advocate
for the petitioners has placed reliance upon the decision of the
Supreme Court in the case of S.Varadarajan v. State of Madras,
AIR 1965 SC 942, wherein
the Apex Court has laid down the distinction between taking and
allowing a minor to accompany a person.
Considering
the submissions advanced by the learned Advocate for the petitioners
as well as the peculiar facts of the present case, issue NOTICE
returnable on 11th
July, 2008. By way of ad-interim relief, further proceedings
pursuant to the First Information Report registered vide Harij
Police Station I-C.R.No.22 of 2007, are hereby stayed.
Mr.M.A.Patel,
learned Additional Public Prosecutor waives service of Notice on
behalf of respondent No.1-State of Gujarat.
The
petitioner is permitted to serve the respondent No.2 directly
through the concerned Police Station.
(HARSHA
DEVANI, J.)
Amit/-
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