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Gujarat High Court

Anuj Balkishan Agrawal vs State Of Gujarat on 7 December, 2018

Author: Sonia Gokani

Bench: Sonia Gokani

        R/SCR.A/8709/2018                                        ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION NO. 8709 of 2018

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                            ANUJ BALKISHAN AGRAWAL
                                     Versus
                               STATE OF GUJARAT
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Appearance:
PARTY IN PERSON(5000) for the PETITIONER(s) No. 1
PUBLIC PROSECUTOR(2) for the RESPONDENT(s) No. 1
RULE SERVED(64) for the RESPONDENT(s) No. 2
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 CORAM: HONOURABLE MS JUSTICE SONIA GOKANI

                                Date : 07/12/2018

                                 ORAL ORDER

1. This is a petition under Article 226 of the Constitution of India. The present petitioner has filed CMA No. 104 of 2017 before the Family Court, Ahmedabad, asking for visitation right of his son and the daughter. Said application is pending before the Court concerned and no order has been passed till date.

2. It is the grievance of the petitioner that he has preferred the present petition, seeking direction against the Family Court for expediting the proceedings of CMA No. 104 of 2017. He has urged that he presents himself before the Family Court on all dates.

R/SCR.A/8709/2018 ORDER

3. This Court had issued rule making the same returnable on 22.11.2018, however, no one has appeared.

4. This Court has heard the party-in- person, who has been issued the certificate of competency to assist this Court.

5. He has submitted that much time has gone and his application for visitation right has not been decided by the Court concerned.

6. Learned APP has requested the Court to pass a balanced and just order.

7. The only request which has come from the petitioner in this petition is to expedite the proceedings before the Court below and particularly, he has requested for concluding the application for visitation right at the earliest.

8. Let the Court concerned decide CMA No. 104 of 2017 within a period of EIGHT WEEKS from the date receipt of a copy of this order. Rule is made absolute, accordingly.

(SONIA GOKANI, J) UMESH/-