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Sunita vs State

High Court Of Gujarat|12 April, 2012

JUDGMENT / ORDER

1 This petition under Articles 226 and 227 of the Constitution of India is a gross abuse of process of law by the petitioner, namely, Sunita, wife of Rajkumar Mainumal Jasuja (Sindhi), residing at 27, Bunglow Area, Kubernagar, Ahmedabad, with a prayer that the appropriate authorities, namely respondent Nos. 2, 3 and 4 be directed not to unduly harass the petitioner and her family members and to restrain the respondents from arresting and harassing the petitioner and her husband without the due process of law.
2 It is the case of the petitioner that her husband was arrested without any authority of law and, with regard to a investigation carried out by Navsari Police Station at Navsari and Kubernagar Chowki of Sardarnagar Police Station, at Ahmedabad, the husband of the petitioner was illegally taken by the Police Officer of Navsari Police Station, without recording any entries in this regard or showing any arrest, etc. etc. in Sardarnagar Police Station, at Ahmedabad.
3 Upon issuance of notice, the learned APP has placed on record the relevant police papers including the communication received from the different authorities and the FAX message dated 2.4.2012 and it is submitted that the husband of the petitioner is not only a habitual offender but more than 56 different FIRs are registered against him for the offences punishable under Sections 379, 457, 380 and 411 of the Indian Penal Code at various police stations in the District & City of Ahmedabad, District of Sabarkantha, District of Navsari and outside State of Gujarat and, while rejecting the anticipatory bail, the learned Additional Sessions Judge, Nadiad, by order dated 3.11.2010, had observed the nature of offences and criminal antecedents of the husband of the petitioner.
4. In view of the above, the contention of the petitioner that the husband of the petitioner was illegally taken away by the police personnel of Navsari Police Station and Kubernagar Chowki of Sardarnagar Police Station, at Ahmedabad, is baseless and this petition is rejected summarily.
(ANANT S. DAVE, J.) (swamy) Top
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Title

Sunita vs State

Court

High Court Of Gujarat

JudgmentDate
12 April, 2012