LILABEN SHANTILAL MARWADI 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.6 Police Inspector, Makarpura Police Station, Vadodara City, whereas respondent No.2 Karma Sudhakar Jagdale appears in person and waives service of notice of Rule. Notice of Rule need not be served to respondent Nos.3 to 5 since corpus Jashodaben daughter of the petitioner has been produced by respondent No.2 - Karma Sudhakar Jagdale, therefore, their presence is not required to adjudicate this matter.

(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 directing respondents to produce corpus Jashodaben daughter of the petitioner before this Court and gave her custody to her.

(3.) IT is inter alia averred in the petition that the petitioner is the mother of corpus namely Jashodaben, aged about 20 years, who has been adducted by respondent No.2 - Karma Sudhakar Jagdale and other respondent Nos.3 to 5 are protecting them. 3.1 It is also averred that the petitioner has written an application to PI, Vadodara and the Police Commissioner, Vadodara city and also made an application u/s 97 of the Cr.P.C. before the JMFC, but all in vain. Still, her daughter Jashodaben is not found out or returned home. The petitioner has therefore, filed instant petition and prayed for the relief to which the reference is made in the earlier paragraph of the judgment.