ANVARBEG USMANBEG MIRJHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. D.H. Kanthairya, learned advocate for the petitioner and Mr. Ronak Raval, learned Additional Public Prosecutor for the respondent State.

(2.) The matter was adjourned on 20.07.2021. Today, Mr. Ronak Raval, learned Additional Public Prosecutor mentioned the matter and informed the Court that corpus has been traced and brought from Uttar Pradesh and presented before this Court through Video Conferencing. Hence, the matter was directed to be heard forthwith.

(3.) By this petition under Article 226 of the Constitution of India, the petitioner who happens to be father of the Corpus 'Aayeshabanu @ Anishabanu aged 18 years has prayed writ of habeas corpus. This Court by an order dated 7.1.2021 was pleased to issue notice. Thereafter various orders have been passed and ultimately today Corpus 'Aayeshabanu @ Anishabanu is produced before us through Video Conferencing from the chamber of Shri R.L. Trivedi, Secretary, DSLA, Kheda. We have interacted with the corpus who is major and she has informed this Court that she has married with one Ajmal Bhatt- respondent no.4 and stays at Badhya Bhaisahi Pargana, Tahsil: Utarula Dist. Balrampur, Uttar Pradesh. She has expressed her desire to stay with her husband. At the request of Mr. Kanthariya, learned advocate for the petitioner we also permitted petitioner as well as his wife i.e. parents of the corpus to interact with the corpus on Video Conferencing. We have again ascertained the wish of the corpus and she has expressed her desire to go with the husband. In view of the above, it cannot be said that the corpus is in illegal confinement of anybody. Corpus is at liberty to stay at her own wish. No further prayers can be granted. Petition is therefore, dismissed. No costs. The service rendered by Shri R.L. Trivedi, Secretary, DSLA, Kheda is appreciated.