R/SCR.A/1318/2024 ORDER DATED: 31/01/2024
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 1318 of 2024
==========================================================
ALKABEN MERAJI GELOT
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR VC VAGHELA(1720) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
PUBLIC PROSECUTOR for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 31/01/2024
ORAL ORDER
1. By way of present petition, the petitioner has prayed for the
following relief:-
“(B) Allow this petition and issue writ of mandamus or writ of
certiorari or any other appropriate writ, order or direction
against respondent authorities to consider and decide
representation dated 18.09.2023 (ANNEXURE-A) by filing
complaint in the interest of justice.”
2. Learned counsel for the petitioner has submitted that the
petitioner got married with one Pintubhai Raychandji Mali, which
was not liked by family members and villagers and thereofre, they
are compelled the petitioner to leave said Pintubhai. He also
submitted that earlier proceedings came to be filed including
habeas corpus and then, approached Hon’ble Apex Court by filing
Special Leave Petition (Cri.) No.10211/2023, wherein, the Hon’ble
Apex Court has been pleased to pass the following order:-
“(i) Issue notice to the respondents. Liberty to serve the
Standing Counsel for the State of Gujarat, in addition.
Notice to the third, fourth, fifth and sixth respondents shall
Page 1 of 2
R/SCR.A/1318/2024 ORDER DATED: 31/01/2024
be served through the SHO of the police station
concerned;
(ii) We direct the Superintendent of Police of District
Banaskantha in the State of Gujarat to take immediate
steps to ensure that Ms Alkaben Merajibhai Mali is released
from the custody of her parents and is escorted, if she so
wishes, to reside with the petitioner;
(iii) In the event that Ms. Alkaben Merajibhai Mali seeks to
reside with the petitioner, the Superintendent of Police of
District Banaskantha shall ensure that adequate police
protection is given to both the petitioner and Ms Alkaben
Merajibhai Mali, pending further orders of this Court; and
(iv) Pending further orders, there shall be a stay of the
operation of the impugned judgment and order dated 10
August 2023 of the Division Bench of the High Court of
Gujarat in Special Criminal Application No.8217 of 2023.”
3. Considering the facts of the case as well as the order passed
by the Hon’ble Apex Court, the respondent authority concerned is
directed to consider representation/application dated 18.09.2023
submitted by the petitioner (At Annex-A), as expeditiously as
possible.
4. With the aforesaid direction, present petition is disposed of.
(HASMUKH D. SUTHAR,J)
SUCHIT
Page 2 of 2