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R/CR.MA/12638/2021 ORDER DATED: 23/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 12638 of 2021
MAFABHAI DHARSHIBHAI VALMIKI
Versus
STATE OF GUJARAT
Appearance:
MR SANJAY PRAJAPATI(3227) for the Applicant(s) No. 1
MR HIMANSHU K. PATEL, ADDL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 23/07/2021
ORAL ORDER
1. The applicant is apprehending his arrest in connection with an FIR
being C.R. No.11195017210785 of 2021 registered with Deodar Police
Station, District Banaskantha for the offence punishable under Sections
306, 498A, 114 of the Indian Penal Code.
2. The case of the prosecution is that the first informant namely,
Chamanbhai Chunabhai Valmiki had lodged an FIR against the present
applicant and another before Deodar Police Station under Sections 306,
498A, 114 of the Indian Penal Code and according to his complaint, his
daughter namely, Hetalben was married with Shravanbhai Valmiki before
four years ago and when she came at the house of the first informant, she
informed him that her husband told her that he did not like her and used
to frequently inflict mental and physical cruelty and her father-in-law, i.e.
present applicant tortured and instigated her husband for quarrel and on
the day of incident his daughter jumped in Narmada Canal and committed
suicide. Thus, the FIR came to be lodged.
3. Learned advocate for the applicant has submitted that looking to
the FIR, the role attributed of the applicant creates reasonable doubt.
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R/CR.MA/12638/2021 ORDER DATED: 23/07/2021
Since the applicant has not provoked, incited or urged or encouraged the
deceased to commit suicide. It is submitted that there are general
allegations made by the first informant and no specific allegations are
levelled. It is submitted that even looking to the FIR, no demand of
dowry was made and deceased has not filed any FIR against the applicant
and main allegations have been levelled against the accused No.1 who is
the husband of the deceased and he is arrested and is in jail and deceased
was having two minor children and since their mother is no more and
father is in judicial custody, there is no male member in the family to
look after the children.
4. 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.
5. The applicant shall not be arrested till the next date of hearing.
However, he 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 his statement recorded. The
Investigating Officer shall record his statement and file appropriate report
on or before the next date of hearing.
(A. S. SUPEHIA, J)
Bharat
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