RANJEETSINH VALJISINH SHEKHAWAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition filed under Article 226 of the Constitution of India with the prayer that this Court may be pleased to issue a writ of Habeas Corpus and also dirwect the respondent Nos.4 to 7 to handover the custody of the son of the petitioner Parbatsinh alias Prakash Shekhawat to the petitioner, after producing the corpus in person before this Court by the respondent Nos.4 to 7.

(2.) Heard Mr.Mehul Surati, learned advocate for the petitioner and Mr.H.K. Patel, learned APP for the respondent nos.1, 2, 3 and 8, at length.

(3.) It is the case of the petitioner that on 2/12/2020, the son of the petitioner aged 23 years namely Prabhatsinh alias Prakash Shekhawat, went missing and could not be found inspite of being searched at the nearby area and thereafter the petitioner got information that the son of the petitioner had a verbal altercation with one Anju Pravin Shekhawat just some days before he went missing and therefore, the petitioner has apprehension that the said person has done something wrong or unlawfully detained his son to get revenge. It is also the case of the petitioner that upon inquiry from the closed friends of Parbatsinh, it wasfound thaet the son of the petitioner has a love affair with one girl namely Manisha Makwanaand that they were in a love affair since long and before some months, the maternal uncle (Mama) of the girl namely Ashok alias Asko Mahida and Bharatbhai Mahida had threatened the corpus and said that they will make him disappear and kill him if he continues the relationship with their niece - Manisha. Missing complaint is also filed before the Vadaj Police Station immediately on the next day i.e. on 3/12/2020 but no proper response was given by the police and no FIR has been registered and hence the petitioner has approached this Court by way of filing this petition praying for a writ of Habeas Corpus.