VINODBHAI RUPAJI ASARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicants herein are the original respondents No.5 and 6 in Special Criminal Application No.3966 of 2019 when the mother of the corpus Madhuben Fera initiated the proceedings seeking writ of habeas corpus in respect of the minor daughter of hers. She has also lodged the police complaint in connection with with CR.No.I-4 of 2019 registered with Vijaynagar police station on 11.02.2019. On 09.04.2019, the Court passed the following order:-

(2.) On 09.04.2019, the corpus who was born on 01.06.2002 was permitted to undergo medical examination and was directed to be sent to Vikas Gruh as per the direction of this Court. She was sent to Vikas Gruh, Paldi. It had been directed that the corpus shall not be permitted to meet anyone, except the police officials of the Paldi police station and Vijaynagar police station. When on 10.07.2019, the corpus was brought before the Court, it was realised that she was pregnant. She had not been attained adulthood on that day and, therefore, the Court directed to continue her at Vikas Gruh, Paldi ensuring that the interest of corpus and the fetus, in no manner is prejudiced and required medical facilities along with counseling, as needed and directed be provided.

(3.) In this backdrop, the present applicants have approached with a request that respondent No.6 the corpus since has attained adulthood, she be directed to go to place of her choice after ascertaining her wish.