This Special Criminal Application was dismissed as the High Court found the corpus had voluntarily abandoned her home, married a respondent, and expressed a desire to stay with her husband, negating claims of illegal confinement.
Discharge of notice; Application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/SCR.A/11548/2021 ORDER DATED: 06/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 11548 of 2021
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CHAUDHARY POONAMCHAND LALJIBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1 DS AFF.NOT FILED (N)(11) for the Respondent(s) No. 2,3,4,5,6 MR MANAN MEHTA APP(2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE S.H.VORA and HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 06/12/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE S.H.VORA)
As such the matter is scheduled for hearing on 09/12/2021; but since the Corpus is traced and produced before us by Mr.Harshadkumar, Head Constable, Buckle No.649 and Ms.Ashmitaben, Woman Police Constable, Buckle No.1137, Satlasana Police Station, Dist: Mehsana, at the request of learned APP, the matter is taken for hearing today.
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R/SCR.A/11548/2021 ORDER DATED: 06/12/2021
taken on record. We have ascertained from the corpus as to whether she is in illegal confinement of any of the respondents or any private party, more particularly, respondent No.4 to 6, the corpus has in terms disclosed before us that she has voluntarily abandoned her parental home and got married with respondent No.4. Further, the corpus has expressed her desire to stay with respondent No.4 with whom she got married. Thus, considering her wish and desire, we do not find that corpus is in illegal confinement of any of the private respondents, more particularly, respondent No.4.
(S.H.VORA, J)
(ANIRUDDHA P. MAYEE,J)
sompura
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1 issue framed by the court
Whether the applicant has established that the corpus is in illegal confinement.
CHAUDHARY POONAMCHAND LALJIBHAI
STATE OF GUJARAT
S.H. VORA
ANIRUDDHA P. MAYEE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
