AMARBEN PARSHOTTAMBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Dabhi, learned APP appears and waives service of notice of Rule on behalf of respondent No. 1 State of Gujarat as well as respondent No. 5 Police Inspector, Saher Kotda Police Station, Ahmedabad, whereas Mr. BC Dave, learned advocate appears and waives service of notice of Rule on behalf of respondent Nos. 2 to 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 in the nature of writ of mandamus directing respondent authorities including respondent Nos. 2 to 4 to produce the corpus Manju - daughter of the petitioner before this Court.

(3.) It is inter alia averred in the petition that the petitioner is residing with her family and doing household work. Her husband is doing labour work. Her daughter Manju was missing since 13.10.2010 when she has gone for her admission in the college in the first year. Thereafter, they went to Saher Kotda Police Station for registering the complaint about missing of her daughter. The police authority has taken the complaint, however, it was not registered and therefore, respondent Nos. 2 to 4 have threatened the petitioner by saying that forgot the girl, otherwise your other family members are in trouble. It is further averred in the petition that the respondent Nos. 2 to 4 are involved in the offence and they have kidnapped the daughter of the petitioner herein for threatening the petitioner and her family. Thereafter, after waiting for sometime, the petitioner has filed complaint on 13.10.2010 at Saher Kotda Police Station against respondent Nos. 2 to 4, because all are involved in the offence. The respondent No. 2 in collusion with respondent Nos. 3 and 4 has kidnapped the girl Manju.