(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) On a special mention being made by learned advocate Mr.Parthiv A. Bhatt for the petitioner- father of the corpus, that Police personnel, namely, Shri P.R. Ravalji, Police Inspector and Mr.H.D. Prajapati, P.S.I. Of Meghani Nagar Police Station have come with the corpus and respondent no.3-Lalchand, son of Maneklal Jayswal, the papers were called for.
2. The papers are received from the Registry. The matter is taken up in the Chamber. The matter is heard at length. The learned advocate Mr.Bhatt for the petitioner states that an application was filed before the Police wherein it is stated that, 'the daughter of the petitioner is married and she is taken by respondent no.3'. This constitutes an offence under section 494 of the IPC.
Respondent no.3 and the corpus produced for perusal a certificate of marriage dated 02.09.2011 issued by Shri Sidhi Vinayak Charitable Trust under the signature of the President/ Vice President/ Secretary/ Treasurer of the said Trust. They have also produced a certificate of registration of marriage issued by the Registrar of Marriages, Gandhinagar, Ward of Ahmedabad Municipal Corporation. It also bears the date "02.09.2011". Both the above certificates are taken on record.
The learned advocate for the petitioner requests that the Registry be directed to give certified copy of the same. The Registry is directed accordingly. At the request of the learned APP it is clarified that if these original documents are required by the Police in the course of the investigation, it can request for the same to this Court.
3. Learned Additional Public Prosecutor, Mr.Pujari, on instructions, states that the Police personnel will take necessary action in the matter in accordance with law, taking into consideration the fact that offence under section 494 of the IPC is non-cognizable, but carries punishment of imprisonment for 7 years and fine. The learned APP also invited attention of the Court to the fact that against respondent no.3 there is already an offence registered in Meghani Nagar Police Station being C.R. No.I-179 of 1999 for the offence under sections 406 and 420 of the IPC. Besides, following offences are registered against him in the very same Police Station:
Sr.
C.R.
No.
U/s.
Date of Arrest
1. II 3007/2000 294(b), 506(2), 427, 114 IPC and S. 135(1) of BP Act 11/1/2000
2. Prohi.
5003/2006 66(b), 65(a)(e) of Prohibition Act 26/3/2006
3. Prohi.
5137/2006 66(b), 65(a)(e) of Prohibition Act 25/3/2006
4. Prohi.
5383/2008 66(1)(b), 65(a)(e), 116(1) of Prohibition Act 18/10/2008
5. II 3155/2008 160 IPC 1/7/2008
6. I 246/2010 324, 323, 294(b), 114 IPC and S. 135(1) of BP Act 3/12/2010
7. Station Diary Entry No. 27/2008 151 CrPC 3/7/2008
8. Station Diary Entry No. 17/2009 151 CrPC 2/4/2009
9. Station Diary Entry No. 11/2009 151 CrPC 14/6/2009
10. Station Diary Entry No. 2/2009 151 CrPC 10/7/2009
4. So far as the custody of the girl is concerned as the girl is already married, this Court is of the opinion that the girl should be sent to 'Nari Samrakshan Grih' for the present. The learned APP states, on instructions, that as the matter pertains to Meghani Nagar Police Station, it will be convenient if she is sent to Nari Samrakshan Grih at Odhav.
5. At the request of the learned APP and the learned advocate for the petitioner the matter is adjourned to 18th January 2012. A copy of this order be made available to the learned APP for its onward communication for compliance.
(RAVI R. TRIPATHI, J.) (G.B.
SHAH, J.) karim Top