DEVENDRA ALIAS DEVO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Dabhi, learned APP appears and waives service of notice of RULE on behalf of respondent Nos.1 to 3, whereas Mr. AU Chauhan, learned advocate appears and waives service of notice of RULE on behalf of respondent No. 4.

(2.) BY filing instant petition under Article 226 of the Constitution of India, the petitioner has prayed to issue writ of Habeas Corpus or any other appropriate writ, direction and/or order directing respondent Nos.2 and 3 to produce corpus Priya @ Padmini before the Court and she may be set at liberty at her desire and wish and respondent No.3 ? Women Protection Home may be directed to release Priya @ Padmini from their custody.

(3.) ON returnable date, Mr. LB Dabhi, learned APP states that in compliance of the order dated 1.12.2010, the PI, Railway Police Station, Sabarmati, Ahmedabad had produced corpus namely Priya @ Padmini who was in custody of respondent No.3 ? Women Protection Home, Near Bhikshuk Gruh, Odhav, Ahmedabad. He therefore, sought permission to produce corpus before us. We had therefore, permitted him to produce the corpus before us. ON that day, since there were two versions about her birth date, we had directed Mr. LB Dabhi, learned APP to collect original record of the birth date of the corpus from the Birth Register, Kalol and produce the same before this Court, so that this Court can ascertain the correct birth date and the matter was adjourned to 7.12.2010.