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    DINESHBHAI AMBABHAI PATEL v. STATE OF GUJARAT

    R/SCR.A/3053/2019 ORDER

    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/SPECIAL CRIMINAL APPLICATION NO. 3053 of 2019

    ==========================================================

    DINESHBHAI AMBABHAI PATEL

    Versus

    STATE OF GUJARAT

    ========================================================== Appearance:

    MR ANVESH V VYAS(5654) for the Applicant(s) No. 1,2 for the Respondent(s) No. 2,3

    PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1 ==========================================================

    CORAM: HONOURABLE MS JUSTICE SONIA GOKANI

    Date : 14/03/2019

    ORAL ORDER

    1. Both the petitioners are before this Court, who are apprehensive of the action by the accused side who happened to be relatives. Offence has already been lodged being First Information Report C.R.No.I-10 of 2016 registered with Deesa Rural police station. It is the say of the petitioner that they are apprehensive of honour killing and are, therefore, seeking protection from the police.

    2. This Court has heard learned advocate Mr. Vyas, who has urged that the Court may grant this protection, as the petitioners are apprehensive and are not in a position to continue to stay on their own. Thare is likelihood of the case being initiated and hence this threat. He admits that the

    Page 1 of 3

    application made to the police was of the year 2016 and thereafter, no other application has been made because the police is not in a mood to accept the same.

    3. Learned Additional Public Prosecutor urges that the complaint can be made to the Court concerned before which the matter is pending. It is after a long time that such an application has been made and, therefore, the Court has to grant it examining various aspects.

    4. Having heard both the sides and noticing the earlier complaint has now culminated into Criminal Case, it is quite clear that the complaint is in relation to the marriage, which has been performed in the year 2015 by petitioner No.2 with petitioner No.1.

    5. Let the learned Presiding Officer take due care of witness protection. It shall also bear in mind the aspect of honour killing and the decision of the Apex Court in the case of Shakti Vahini vs. Union of India, (2018) 7 SCC 192,

    6. The officer concerned shall tender the application and the Investigating Officer of the case shall ensure the witness protection also. The police officer in-charge of the police station after taking into consideration all these aspects shall report to the trial Court and also shall not cause further delay in grant of

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    protection.

    7. Petition stands disposed of accordingly. Direct service is permitted.

    (MS. SONIA GOKANI, J. )

    SUDHIR

    Page 3 of 3

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    DINESHBHAI AMBABHAI PATEL v. STATE OF GUJARAT
    (Mar 14, 2019)