HARESHKUMAR NANJIBHAI RATHOD 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 direction to the respondents No.1,2,3 & 4 to produce corpus ' Smt.Manishaben Hareshkumar Rathod before this Court, who is wife of the petitioner and who is allegedly in illegal detention of respondent No.5 and further prayed to handover her custody to him.

(2.) It is inter-alia stated in the petition that the petitioner is residing at Sikka, Jamnagar with his wife and three children. That on 11.6.2010, his wife had gone to visit her parental home at Ahmedabad and, thereafter, she has not returned to Sikka and have been missing since 14.6.2010. On inquiry, it is learnt that his wife, who is aged about 31 years, is in illegal detention of respondents No.5 and 6. The petitioner has also made a complaint to respondent No.2. However, no action has been taken by them. The petitioner, 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 17.09.2010 issued notice to respondents and directed respondent No.3 Police Inspector, Kagdapith Police Station, Ahmedabad to produce corpus ' Smt.Manishaben, who is allegedly in illegal detention of respondents No.5 and 6 before this Court on returnable date. Thereafter, matter was adjourned from time to time, and vide order dated 6.10.2010, upon request made by Mr.L.B.Dabhi, learned APP, matter was adjourned to 27.10.2010, as the team of police personnel, headed by Police Sub-Inspector of Kagdapith Police Station, Ahmedabad has been sent to Sohana, Punjab to trace out the corpus ' Smt.Manishaben and also to place on record the outcome of the investigation by filing reply affidavit.