MAHESHLAL BABULAL SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of filing this petition under Article 226 of the Constitution, the petitioner has prayed to issue appropriate writ, order or direction in the nature of Habeas Corpus and direct the respondent No.5-Police Inspector, Odhav Police Station, Odhav, Ahmedabad, to produce the minor daughter of the present petitioner - Sadhuri from the custody of Respondent Nos. 2 to 4 before this Hon'ble Court.

(2.) It is, inter alia, stated by the petitioner in the petition that he is residing at the address shown in the cause title with his family, which consists of five daughters and one son. His daughter Sadhuri, who is aged about 16 years, used to attend classes every day and on 02.12.2009, as usual, she went to the classes and did not return till evening and therefore inquiries were made but she was not found. A complaint was made to Odhav Police Station, which was registered as Janva Jog Entry No. 243 of 2009. It is further averred in the petition that he was also in constant efforts to find out his missing daughter Sadhuri and he came to know that one Santosh Shah, who was in contact with the daughter of the petitioner, took her with him. Therefore, he filed the complaint before the Odhav Police Station for the offences punishable under Sections 363 and 336 of the Indian Penal Code. It is further contended in the petition that sufficient period has passed but the respondent No.5 did not trace out his missing daughter and, therefore, he filed a Criminal Misc. Application No. 277 of 2010 before the learned Judicial Magistrate, First Class (Rural), Ahmedabad, on 15.2.2010 under Section 97 of the Criminal Procedure Code. The learned JMFC issued search warrant and also directed the Respondent No.5 to produce the missing daughter of the petitioner, however, the respondent No.5 filed a report on 6.5.2010 stating that the daughter of the petitioner and other accused persons are not found at the address. It is also stated in the petition that his minor daughter is illegally detained by respondent No.4 since December, 2009 against her wish and will and respondent Nos.2 and 3 are helping the respondent No.4 in his illegal act. Lastly, it is averred in the petition that sufficient period has passed, but, still the minor daughter of the petitioner was not traced out by respondent No.5. It is, therefore, prayed for the relief to which the reference is made in the first paragraph of the judgment.

(3.) This Court, vide order dated 09.08.2010, issued Rule and respondent No.5 Police Inspector, Odhav Police Station, was directed to trace out the corpus Sadhuri, who is in illegal detention of respondent No.4 Santosh Jawahir Shah and produce before this Court on the next date of hearing.