Home > DV Judgements > Challenge to Section 26 in Gujrat HC

Challenge to Section 26 in Gujrat HC

CR.MA/10577/2009 1/1 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION No. 10577 of 2009

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

BIPIN PRATAPRAI BHATT & 4 – Applicant(s)

Versus

STATE OF GUJARAT & 1 – Respondent(s)

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

MR ASIN PANDYA for MR KEYUR A VYAS for Applicant(s) : 1 – 5. MR UA TRIVEDI ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1, RULE SERVED for Respondent(s) : 2, MRKPVADODARIA for Respondent(s) : 2, =============================================

CORAM :

HONOURABLE MR.JUSTICE ANANT S. DAVE

Date : 05/05/2010

ORAL ORDER

Mr. Asin Pandya, learned advocate for the applicants proposes to challenge Section 26 of the Protection of Women from Domestic Violence Act, 2005 as ultra virus to Articles 14, 19, 20 and 21 of the Constitution of India and would like to file appropriate proceedings namely writ petition before this Court on all available, legal and permissible grounds to the applicants and seeks permission to withdraw this application at this stage.

Permission, as prayed for, is granted, so as to enable the learned advocate to take appropriate measures as per his submissions as above and it will be open for the applicants to challenge the virus of Section 26 as stated above.

This application is disposed of as withdrawn with a rider that this Court has not examined any aspect involved in this application on merits as well as on law.

[ANANT S. DAVE, J.]

//smita//

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