ATUBHAI NANJIBHAI BARAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Invoking jurisdiction of this court under article 226 of the Constitution, the present petition was filed praying to issue writ of Habeas Corpus to produce minor daughter of the petitioner-Atubhai Nanjibhai Baraiya, resident of village Pipavav, Taluka Rajula, District Amreli.

(2.) It was averred in the petition inter alia that on 13.12.2019, respondent No.4- Vijay Bhagot, son of Dashrath Bhagot came at the residence of the petitioner and took away petitioner's minor daughter Sangeeta. It was stated that daughter was doing labour work at the factory of one Ajitbhai at Kadiyali, where respondent No.4 was also engaged in working. The petitioner lodged First Information Report being C.R. No. I-39 of 2019 with Pipavav police station for the offences punishable under sections 363 and 366 of the Indian Penal Code, 1860, as well as under section 18 of the Protection of Children from Sexual Offences Act, 2012.

(3.) The Division Bench of this court issued notice on 22.1.2020 requiring the respondent No.3 police inspector, Amreli, to take steps to produce before the court the corpus-petitioner's minor daughter Sangeeta. In the subsequent orders including order dated 13.3.2020, the court noted that the steps were afoot by the police to trace out the corpus. Learned Additional Public Prosecute had informed the court that the Superintendent of Police, Amreli, himself had constituted a team for the purpose. While the proceedings were adjourned to 26.3.2020, it appears that the petition could not be posted for hearing in view of intervening breakdown in view of corona crisis and the consequential suspension of regular court working.