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SCR.A/1332/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1332 of 2008
==========================================
GAURANGBHAI
GIRISHBHAI TRIVEDI
Versus
STATE
OF GUJARAT & OTHERS
==========================================
Appearance
:
MR RJ GOSWAMI for Applicant
MR
LB DABHI APP for Respondent(s) : 1,
None for Respondent(s) : 2, 4,
5, 7.
MR SATYEN B RAVAL for Respondent(s) : 3
MR AB
GATESHANIYA for Respondent(s) :
6,
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CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 04/09/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.R.VORA)
Today,
when the matter was called out, the corpus Ripalben is produced
before this Court by Superintendent, Vikas Gruh, Ahmedabad. Learned
APP Mr.L.B.Dabhi submits on record a written report of Police
Inspector, Mr.D.A. Desai, Ramol Police Station. The report is taken
on record.
Learned
advocate Mr.R.J.Goswami for the applicant as well as learned
advocate Mr.S.B.Raval for the respondent No.3 are present and they
were heard.
In
pursuance of our order dated 22nd August, 2008, the
concerned Police Officers have investigated the matter and after due
inquiry they have come to the conclusion that the birth certificate
produced by the petitioner in respect of Ripalben denoting the date
of her birth to be 24th November, 1993 appears to be
genuine, while copy of the birth certificate produced by the
respondent No.3 denoting the date of birth of Ripalben to be 22nd
November, 1989 appears to be forged.
The
concerned Police Officer is directed to register the crime against
the concerned person, who is involved in forging the said copy of
the birth certificate and to produce on record.
When
Ripalben was asked, she stated that now she intends to go with her
uncle Prashant Girishchandra Trivedi who is present before this
Court. Learned advocate Mr.R.J.Goswami for the applicant confirms
that Shri Prashant Girishchandra Trivedi who is present before this
Court is the brother of the applicant.
In
view of the above, when Ripalben is minor, the custody of Ripalben
is entrusted to Prashant Girishchandra Trivedi and he would be
responsible for Ripalben. The amount of Rs.10,000/- [Rupees Ten
Thousand Only] deposited by the applicant before this Court to be
paid and forwarded by Demand Draft to Vikas Gruh, Ahmedabad, after
enquiring from them as to details.
With
the above observation, this petition stands disposed of. Office is
directed to keep the record of this petition in safe custody because
the same contains two birth certificates in questions. Police
Inspector Mr.D.A.Desai, Ramol Police Station present before this
Court is directed to escort Ripalben and Prashant Girishchandra
Trivedi with woman constable till they reach to their destination
wherever they intend to go. Ms.Kishoriben is present on behalf of
the Vikas Gruh, Ahmedabad has produced Ripalben with a yadi and that
yadi is taken on record. Notice is discharged.
This
order is passed within the scope of habeas corpus petition and shall
not come in a way of any party in any other proceedings which may be
filed and contested by the parties to this petition including the
fact of genuineness of date of birth of Ripalben.
[J.
R. VORA,J.] [Z. K. SAIYED,J.]
vijay
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