A division bench of the Gujarat High Court comprising Justice Vipul M. Panchloi and Justice Dr. A.P. Thaker has imposed cost of ₹50,000/- on the petitioner, made adverse remark against his lawyer, and requested that action be taken against the errant police officer for being part of this planned petition.
Facts:
The petitioner married the corpus under section 13 of the Special Marriage Act, against the wishes of the parents of the corpus. The petitioner claimed that the parents of the corpus forcibly took over the custody of the Corpus against her wish. The corpus was produced before the court in response to a notice issued to Respondent No. 3, Mr. A.N. Parmar, Police Sub Inspector.
Observations:
On hearing different set of facts from the parties in the in camera proceedings, the Court called all the parties together to ascertain the right set of facts. Eventually, it turned out that the corpus came to the court along with the Petitioner in the same car highlighting that the Petitioner had the custody of the Corpus. The Petitioner has filed the Petition with a view that the statement of the corpus is recorded by the court and the custody of the Corpus can be handed over to the Petitioner through the order of the Court. The petitioner was assisted by his lawyers and the Police Sub Inspector in adopting this modus operandi.
Conclusion:
The Court dismissed the present petition with cost of ₹50,000/- imposed on the petitioner, requested the State Bar Council to take action against the advocates of the Petitioner, and also requested the Superintendent of Police to take action against the Sub Inspector of Police.
Case: Ganchi Sohil Gulambhai v. State of Gujarat
Citation: R/SCrA No. 10450 of 2022
Coram: Mr. Justice Vipul M. Pancholi , Dr. Justice A.P. Thaker
Date: 13.10.2022
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