Rampujan Chhangur Goshwami vs State Of Gujarat on 5 May, 2021

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Gujarat High Court

Rampujan Chhangur Goshwami vs State Of Gujarat on 5 May, 2021

Author: Vikram Nath

Bench: Vikram Nath, R.M.Chhaya

        R/SCR.A/1593/2021                                    ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CRIMINAL APPLICATION NO. 1593 of 2021
=============================================
                     RAMPUJAN CHHANGUR GOSHWAMI
                                 Versus
                           STATE OF GUJARAT
=============================================
Appearance:
MR BH SOLANKI(5353) for the Applicant(s) No. 1
MR KAMLESH KACHHAVAH(3013) for the Applicant(s) No. 1
NOTICE NOT RECD BACK(3) for the Respondent(s) No. 4
NOTICE SERVED(4) for the Respondent(s) No. 2,3
Ms. Jirga Jhaveri, Addl.PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1
=============================================
 CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM
        NATH
        and
        HONOURABLE MR. JUSTICE R.M.CHHAYA
                     Date : 05/05/2021

                         ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH) Pursuant to the order dated 15.4.2021, Corpus is present before us through Video Conference from the office of the District Court, Gandhinagar along with Incharge Secretary, District Legal Service Authority Gandhinagar. She has been brought to the District Court from the Women Protection Centre, Gandhinagar. Consistent to her previous stand, Corpus has stated that she wants to reside with respondent no.4. Despite repeated notices have been served through respondent no.4, no one has responded. According to the corpus, respondent no.4 has met with an accident and also for the reasons that there is limited restriction to travel on account of partial lockdown, he is not able to come but she is ready to go to the respondent no.4 on her own. She has only desired that she may be taken to the Railway Station and dropped at the Railway Station. Corpus has refused to go with the petitioner husband or Page 1 of 2 Downloaded on : Wed May 05 21:59:39 IST 2021 R/SCR.A/1593/2021 ORDER two children who are aged about 15 and 17 years but has insisted that she wants to go and reside with respondent no.4 on her own free will.

Ms. Jhaveri, learned Additional Public Prosecutor is present on behalf of the respondent State. Although name of Shri Kamlesh Kachhavah and Shri B.H Solanki, advocates is shown in the list from the side of the petitioner but they have not appeared and Ms. Jhaveri, learend APP submitted that on the previous two date also no counsel appeared on behalf of the petitioner. It is possible that petitioner has lost interest and may not prosecute any more. Be that as it may, once corpus has given her statement and she is major, we find no reason to detain her any further. Accordingly, Corpus be set at liberty. The Superintendent of Women Protection Centre, Gandhiangar will ensure that corpus is given assistance to board the train to the District of respondent no.4 i.e. Bijnor, Uttarpradesh. The Superintendent of Police, Gandhinagar shall provide necessary protection to the corpus and ensure safe passage of corpus to the residence of respondent no.4. Petition stands dismissed. Notice discharged.

(VIKRAM NATH, CJ) (R.M.CHHAYA, J) KAUSHIK J. RATHOD Page 2 of 2 Downloaded on : Wed May 05 21:59:39 IST 2021

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