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R/CR.MA/11637/2021 ORDER DATED: 27/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 11637 of 2021
DINESHBHAI CHHAGANBHAI THAKKAR
Versus
STATE OF GUJARAT
Appearance:
MR RH RUPARELIYA(6212) for the Applicant(s) No. 1
MS.NEHA R RUPARELIYA(6361) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR PRANAV TRIVEDI, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 27/07/2021
ORAL ORDER
Mr.R.H. Rupareliya, learned advocate for the applicant,
submitted that an FIR bearing No.1119100121022 of 2021 has
been registered against the present applicant with Anand
Nagar Police Station, Ahmedabad, for the offences punishable
under Sections 498A, 323, 506(2) and 114 of the Indian Penal
Code.
Mr.Rupareliya submitted that the applicant had married
the complainant 27 years ago and out of their wedlock, they
have two children, son is aged about 27 years and daughter is
aged about 21 years. Mr.Rupareliya submitted that the
complainant and the son are staying in the house belonging to
the applicant and the daughter is studying at London. Because
of domestic issues, the applicant had left the house and is
staying alone. Mr.Rupareliya submitted that, that would not be
any cause for filing of the FIR and the whole of the issue is the
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R/CR.MA/11637/2021 ORDER DATED: 27/07/2021
right in the property and thus, to put up mental pressure on
the applicant, a false complaint has been filed.
Mr.Pranav Trivedi, learned APP appearing for the State,
submitted that the case of the husband would stand on
different footing, the provision under Section 498A of the IPC to
fall under the definition of cruelty. Mr.Pranav Trivedi submitted
that the son of the applicant is a witness and thus, no
protection can be granted to him.
Taking into consideration the marriage span and the fact
that the defacto complainant is still staying in the matrimonial
house alongwith her son and the present applicant has left the
house since last 6 months to stay separate from them, the
protection is required to be accorded.
Notice returnable on 12.10.2021. Mr.Pranav Trivedi,
learned APP waives service of notice for respondent – State.
No coercive steps shall be taken against the present
applicant by Anand Nagar Police Station, Ahmedabad, in
relation to the impugned FIR, investigation to continue and the
applicant shall co-operate with the investigating agency.
(GITA GOPI,J)
dolly
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