SHILPABEN RAHULBHAI LADANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY filing instant petition under Article 226 of the Constitution of India, the petitioner has prayed to issue writ of habeas corpus directing respondent No.2 to produce respondent No.4 Lalitbhai @ Rahul Thakarshi Ladani ? husband of the petitioner, who is allegedly in illegal detention and confinement of respondent No.3, before this Court and custody of respondent No.4 may be handed over to the petitioner.

(2.) AS per the averments made in the petition, the petitioner got married with respondent No.4 Lalitbhai @ Rahul Thakarshi Ladani on 5.5.2004 and since then, they were residing as husband and wife and out of the said marriage, the petitioner gave a birth to one child who is presently aged about 4 years. It is further averred in the petition that on 10.6.2009 at about 12:00 noon, one Chhaganbapa, friend of her husband came at her house and thereafter, her husband and Chhaganbapa went to Ahmedabad for necessary work. Thereafter, her husband did not return to home. Therefore, she tried to contact him on mobile phone, but mobile phone was switched off and therefore, she has called to Chhaganbapa and at that point of time, Chhaganbapa assured that Lalitbhai @ Rahul Thakarshi Ladani is with him and they will return shortly. But thereafter, again she called to Chhaganbapa, but no satisfactory answer has been given by Chhaganbapa and he has given other mobile numbers to inquire about her husband. She called all of them on new mobile numbers, but no positive reply has been received, but on the contrary, respondent No.3 Nayan Upadhyay Maharaj has threatened her.

(3.) THE detailed Affidavit-in-reply in this regard has been filed by the respondent ? State of Gujarat, which is sworn by Mr. AC Jadeja, Dy.S.P., Gondal, Division Rajkot Rural, wherein it is inter alia stated that pursuant to the filing of the complaint by the petitioner, an FIR is lodged being I C.R. No.93 of 2009 under sections 365, 201, 120-B, 506(2) and 114 of the IPC. Pursuant to the registration of the Fir, Chhaganbhai Devjibhai Chauhan had been arrested by the police authority. THEreafter, Himmatsinh Shankarbhai Waghela has also been arrested and charge sheet has been filed on 2.3.2010 against both the persons. In this charge sheet, Nayankumar Upadhyay, who is impleded as respondent No.3 in this petition and one Yashwant Pinto were shown as absconder. THEreafter, during the course of the investigation, respondent No.3 ? Nayankumar Upadhyay was arrested on 17.8.2010 and during the interrogation, he had confessed before the police authority that corpus Lalitbhai @ Rahul Thakarshi Ladani has been eliminated by them in forest of Hathrol Range. It is also confessed by respondent No.3 that other two accused Bhav Chaudhary and Mahavirsinh Gohil are also co-accused of this crime. Both the accused have been arrested by the police authority on 23.8.2010. Now at present, they all are behind the bar. It is further stated in the Affidavit-in-reply that at the instance of the above mentioned three accused, place of the incident have been shown, where the actual crime has been committed by them and from that place, part of the skull have been also found. THE stone which has been used in this crime has also been found and one shocks was also found from that place. THE indica car which has been used in the crime has also been recovered by the police authority. THE police authority has sent the born of Lalitbhai @ Rahul Thakarshi Ladani, who is the victim, to the FSL for DNA test. Blood sample of father and mother of deceased Lalitbhai @ Rahul Thakarshi Ladani as well as blood sample of wife and daughter of the deceased have also been sent for DNA to the FSL, Gandhinagar. THErefore, during the investigation, it is clear that corpus Lalitbhai @ Rahul Thakarshi Ladani is now no more in this world, as he has been killed by the accused persons, so now this habeas corpus petition will not survive. THErefore, it is prayed to reject the petition.