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2017 Supreme(Guj) 1800

J.B.PARDIWALA
Bhavnaben Vajubhai Odedara – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Applicant :Mr. Bhunesh C Rupera, Advocate
For the Respondents: Mr. Devnani, Addl. Public Prosecutor

JUDGMENT :

J.B. PARDIWALA, J.

1. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs;

“(A) Your Lordship may be pleased to admit and allow this petition.

(B) Your Lordship may be pleased to direct the respondent Police Authority to take necessary step for DNA test of Shivam, so called son of Respondent Nos.6 and 7, and further be pleased to direct Police Authority to permit Petitioner to be present at the time of DNA test, in the interest of justice.

(C) Pending admission, hearing and final disposal of this petition, Your Lordship may be pleased to direct the respondent No.2 to take custody of minor Shivam from respondent No.6 and 7 and keep him in Child Observation Home for the safety of minor son Shivam.

(D) Your Lordship may further be pleased to pass such other and further orders as may be deemed just and fit.”

2. The case of the writ applicant, in her own words, as pleaded in this petition, is as under;

2.1 On 07.10.2011 the petitioner lodged one complaint before the Rajula Police Station, District: Amreli for the offence punishable under section 365 of the Indian Penal Code, in which, she stated that, she is





























































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