SCR.A/9047/2020 of AJAY DIPAKBHAI MARWADI Vs STATE OF GUJARAT on 31 December 2020

ORAL ORDER

1. Heard learned Advocate Shri Nisarg Jain for the applicant andlearned APP Ms. Mehta for the respondent No.1. This application had beenoriginally listed on Board yesterday i.e. 30.12.2020 and whereas uponinstructions of this Court, learned APP had submitted that she wouldcoordinate with the concerned Police Officer and ensure that the corpus girlwould produced before the nearest District Court.

2. Today, this Court is informed by the learned APP that the corpus ispresent before the learned 3[rd] Additional District and Sessions Judge,Visnagar, Shri J.N. Vyas and upon request of his Court, Shri Vyas has takenassistance of Ms. Akhtar S. Shaikh, learned Principal Senior Civil Judge,Visnagar. Both the learned Judicial Officers have talked with the corpus andupon request of this Court, learned Principal Senior Civil Judge, Ms. Shaikhhas talked to the corpus privately and corpus unequivocally states that shewould like to be with her parents.

3. At this stage, learned Advocate Shri Jain has submitted that the roleof the Police Authorities in this whole episode is not about the board and herequests this Court to pass some suitable observations with regard to thesame.

4. At the outset, since the corpus has made very clear that she wants tolive with her parents, this Court is not inclined to entertain this applicationand under such circumstances, it is directed that the concerned PoliceOfficials who have produced corpus before the learned 3[rd] AdditionalDistrict and Sessions Judge, Visnagar, to ensure that the corpus is returnedsafely to her parents. As far as grievance raised by learned Advocate ShriJain, since as of now, this Court is not dealing with the said aspect, theapplicant is at liberty to approach any appropriate forum for redressal of hisgrievance.

5. Present application is disposed of on the above terms. This Courtalso records its appreciation of the all prompt action and assistance providedby both the learned Judicial Officers Shri J.N. Vyas, learned 3[rd] AdditionalDistrict and Sessions Judge, Visnagar and Ms. A.S. Shaikh, learned PrincipalSenior Civil Judge.

VARSHA DESAI/YNVYAS

(NIKHIL S. KARIEL,J)