NARESHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition seeking issuance of writ of habeas corpus on the ground that the corpus had been forcibly taken away by the respondent no.4 who himself is not only married but, is a grandfather. This Court issued notice making it returnable on 22.06.2020. On the returnable date, on realizing that the corpus was still not found, the matter was kept on 21.07.2020 where the Superintendent of Police, Patan was directed to remain present and the following order came to be passed: -

(2.) Thereafter the matter originally was fixed on 05.08.2020 for the corpus to be produced, however, since with the concerted efforts made on the part of the Superintendent of Police, Patan and his team, the corpus has been found from Village Bayad, Taluka Modasa. She has been produced through video conferencing arranged at District and Sessions Court, Patan in presence of learned Principal District Judge Ms. Nipa Raval.

(3.) It had been ascertained that in the chamber of learned Principal District Judge, no one remained present except the corpus herself. Learned Principal District Judge also has inquired from the corpus whether she was beaten and she confirmed of having been physically beaten, slapped and manhandled a couple of times by the Respondent no.4, namely,Shovanji Makaji Thakore . She appears to be petrified and scared of respondent no.4. She complained of having been forcibly taken away. She feels threatened of the respondent no.4 and is desirous of joining the parents.