BHUPENDRABHAI NAGARDAS SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing instant petition under Article 226 of the Constitution of India, petitioner has prayed to issue writ of Habeas Corpus or any other writ, order or direction directing the respondents No.2 and 4 to produce corpus ? Mansi @ Mona before this Court, who is allegedly in illegal detention of respectively No.4 and further prayed to handover her custody to him.

(2.) It is inter-alia stated in the petition that his daughter Mansi, studying in 3rd year B.Com at Ganesh College, Nava Vadaj, Ahmedabad and also doing part time job in Domino's Pizza at Satellite, Ahmedabad, went on service on 4.8.2010 at 9.30 a.m. and, thereafter, she has not returned back. Therefore, the petitioner and his family members had started searching his daughter. It is also stated that he filed a written complaint to Police Inspector, Ghatlodia police station, wherein it is inter-alia stated that her daughter is missing and the said complaint is registered bearing Janva Jog Entry No.154 of 2010. Thereafter, petitioner received a sealed cover through courier service, containing some papers about marriage of his daughter dated 6.8.2010 along with marriage certificate dated 4.8.2010 issued by Mahant Bharatdasji Ramprasaddasji and marriage registration certificate dated 9.8.2010 issued by Marriage Registrar, Ward Shahpur, Ahmedabad. Thereafter, on the basis of the said papers, it is learnt by him that his daughter has married with one boy, namely, Jaykishan Shambhuprasad Chauhan, who is respondent No.4 herein. Thereafter, the petitioner inquired with Domino's Pizza at Satellite, and he learnt from them that his daughter is in illegal detention of respondent No.4. He has, therefore, filed this petition and prayed for the relief, to which reference has been made in the earlier paragraph of this order.

(3.) This Court vide order dated 27.09.2010 issued notice to respondents, which was made returnable on 11.10.2010, on condition that the petitioner shall deposit Rs.10000/- to show his bonafide, with the Registry of this Court on or before 30.09.2010 and also directed the respondent No.2 to produce the corpus ? Mansi, who is allegedly in illegal detention of respondent No.4 on the returnable date.