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R/CR.MA/12637/2021 ORDER DATED: 23/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 12637 of 2021
LILABEN W/O BAVAKUBHAI VALA
Versus
STATE OF GUJARAT
Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1,2
MR HIMANSHU K. PATEL, ADDL PUBLIC PROSECUTOR for Respondent
No. 1
CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 23/07/2021
ORAL ORDER
1. Leave to amend is allowed. Amendment to be carried out
forthwith.
2. The applicants are apprehending their arrest in connection with an
FIR being C.R. No.11203025210505 of 2021 registered with Junagadh
Taluka Police Station, District Junagadh for the offence punishable
under Sections 306, 498A, 114 of Indian Penal Code and Sections 3, 4
and 5 of the Dowry Prohibition Act.
3. It is the case of the complainant that the deceased has committed
suicide due to harassment meted out by the present applicants on her.
4. Learned advocate for the applicants has submitted that the FIR is
filed belatedly inasmuch as the police was also immediately informed and
was also present at Rajkot when the deceased had committed suicide. It
is submitted that in fact one of the family members of the first informant
Shri Raviraj Kamadia who is PSI in Gandhigram Police Station, also
arrived and made a formal inquiry. It is submitted that no grievance was
made at that time and later on present FIR came to be filed. It is
submitted that the husband of the deceased has surrendered and he is in
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R/CR.MA/12637/2021 ORDER DATED: 23/07/2021
judicial custody. It is submitted that as in fact the custodial interrogation
of the applicants may not be warranted and on the contrary as stated that
the marriage took place on 19.1.2020 and thereafter on 23.1.2020
deceased went to her parental home and stayed for 20 days, later on from
lock-down 24.3.2020 again she stayed at her parental home for about 2 ½
months.
5. Under the circumstances and in light of the aforesaid facts, issue
Rule returnable on 12.08.2021. Learned APP waives service of notice of
rule for the respondent-State.
6. The applicants shall not be arrested till the next date of hearing.
However, they shall fully cooperate with the investigation and shall
remain present before the concerned Investigating Officer on 28.07.2021
between 11.00 a.m. to 5.00 p.m. for getting their statements recorded.
The Investigating Officer shall record their statements and file
appropriate report on or before the next date of hearing.
(A. S. SUPEHIA, J)
Bharat
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