(1.) BY order dated 3rd October 2006, office was directed to call for the Record and Proceedings. On perusal it is found that the Record and Proceedings of the First Appellate Court, i. e. the Court of learned Additional Sessions Judge, Fast Track Court No. 2, Surendranagar only is received, whereas the Record and Proceedings of the Court of the learned Chief Judicial Magistrate, Surendranagar in Criminal Case No. 360 of 1995 is not received. Office shall call for the same.
(2.) MR. P. R. Nanavati, learned advocate for the petitioner files affldavit of one, Rekha Manohar Mohnani, aged 42, wife of petitioner no. 2 herein.
(3.) IT is stated in the affldavit that the only son of the deponent-Rekha manohar Mohnani and petitioner no. 2, is suffering from chronic neo natal diabetes and stone in kldney. It is further stated in the affldavit that petitioner no. 2 is the only person to take care of the child.