SHANTADEVI BANSILAL DARJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition has been preferred by the petitioner under Article 226 of the Constitution of India seeking issuance of writ of habeas corpus as grandson of petitioner No.1 nephew of petitioner Nos.2 and 3 and great grandson of petitioner No.4 is allegedly abducted by the respondent No.5 with the help of others and is kept in illegal custody against the provision of law. Therefore, seeking the directions of production of corpus-respondent No.6 herein this petition has been preferred.

(2.) This Court on 26/11/2021 (Coram:Justice S.H.Vora and Justice Aniruddha P. Mayee) while permitting to add respondent No.7-the maternal uncle as the party respondent passed the following order:

(3.) On issuance of notice other side appeared and Mr.Kailash Shankarlal Chauhan- respondent No.7, the maternaluncle of minor child Vedansh filed his affidavit-in-reply contending strongly that the petition is based on completely wrong premise, the sole criteria for invoking the writ of habeas corpus is that the corpus is kept in a wrongful confinement.