MAHIMABEN RAMESHBHAI GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India in which the petitioner has prayed for issuance of writ of habeas corpus and requested that respondent Nos. 2 and 3 be directed to produce the corpus viz. Prakash - brother of the petitioner before this Court.

(2.) Heard learned advocate Mr. Girish M. Das for the petitioner, learned Public Prosecutor Mr. Mitesh Amin assisted by learned APP Mr. Hardik Soni for the respondents.

(3.) Learned advocate Mr. Das has referred to the averments made in the memo of the petition and submitted that on 28/1/2022, so-called police from Maharashtra came to Gujarat and thereafter one Sharda Bhopale, Police Inspector of the concerned Police Station of Maharashtra, asked the family members of the petitioner to produce the corpus Prakash before her. It is further stated that Panchnama of the house of Prakash was prepared and signatures of the neighbours were also taken on certain papers. On late evening of 28/1/2022, Prakash was produced at the opposite side of Laxmi Guesthouse, Modasa, at that time, Sharda Bhopale, so-called Police Inspector, demanded Rs.1.00 lakh. However, ultimately Rs.70,000.00 was paid to the said Police Inspector and therefore said Police Inspector released Lilaben. On 29/1/2022, the said Police Inspector of Maharashtra Police arrested Prakash and thereafter proceeded from Modasa to Nagpur. It is submitted that the brother of the petitioner is in illegal confinement of the said police authority till date and therefore the petitioner has filed the present petition.