(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. Pursuant to the notice issued on 6.2.2012, the corpus Ms.Varsha alias Vasant, aged 30, studied upto 5th standard, is produced before the Court by respondent no.6, who is also personally present before the Court and represented by learned counsel, Mr.H.N.Brahmbhatt. Learned counsel, Mr.Brahmbhatt submitted that respondent nos.6 and 7 have filed an application for anticipatory bail in the Court of learned Sessions Judge, Surendranagar, Camp at Limdi, and pursuant to the statement made before that Court, respondent no.6 has brought the corpus before this Court. Learned counsel also referred to an agreement between the corpus and respondent no.6, even as the offence punishable under Sections 365 and 114 of the Indian Penal Code has been registered at Chotila Police Station against respondent nos.6 and 7. Learned APP submitted that a few more offences were required to be added in view of the facts transpiring during the present proceeding and investigation.
2. Upon being asked in presence of respondent no.6 and his learned counsel, the wife of the petitioner has clearly and categorically stated that she wants to return to her matrimonial home with the petitioner and that she was forcibly taken away from her family by respondent no.6. The petitioner, who is personally present with their three young children is prepared to take custody of his wife, but may require police protection in view of the cases pending against respondent nos.6 and 7 and the impending investigation into the offences. Learned APP submitted that even as the corpus was kept present by respondent no.6 before the Court of learned Sessions Judge the police could not obtain her custody on account of the statement made by respondent no.6, inspite of notice being issued by this Court on 6.2.2012 in the present matter and the hearing before learned Sessions Judge was held on 09.2.2012.
3. In the above set of facts, it is prima facie clear that respondent nos.6 and 7 are influential and capable persons, who dared to take away the wife of the petitioner from her husband as well as three young children and even the police had to rely upon his word rather than doing their duty of bringing the corpus before this Court. In such circumstances, learned APP was asked whether the cases against respondent nos.6 and 7 would be properly investigated and pursued and whether the family of the petitioner would now be safe from any coercion, influence or violence. Replying to that, learned APP stated on instruction that the cases against respondent nos.6 and 7 will be properly pursued and investigated under direct supervision and responsibility of Mr.C.R.Kotad, Dy.S.P., Limdi, and that the family of the petitioner shall be provided adequate police protection against any kind of interference with their normal life by or at the instance of respondent nos.6 and 7. Therefore, the petition was not pressed for any further relief, and accordingly, it is disposed and Notice is discharged with the direction that the police officers concerned shall be duty bound to act in accordance with the statement of learned APP, recorded herein above, and a copy of this order shall be placed before the Court of learned Sessions Judge or any other Court where the matter between petitioner's wife and/or respondent nos.6 and 7 is to be heard. The corpus is permitted, according to her wish, to go with the petitioner and learned APP is requested to see that they safely reach their place of residence from here.
(D.H.Waghela, J.) (N.V.Anjaria, J.) *malek Top