(1.) PRESENT Special Criminal Application has been preferred by the petitioner herein " father of the corpus " minor Hetalben for a writ of Habeas Corpus directing the respondents to produce the corpus before this Court to set her free as per her wish and will, alleging inter-alia that she has been illegally detained by the respondent Nos.4 to 13.
(2.) IT is the case on behalf of the petitioner that as such her minor daughter Hetalben has been kidnapped by the private respondents herein and she has been illegally detained by them. It is also the case on behalf of the petitioners that for the offences of abduction and kidnapping of her minor daughter, the petitioner has already lodged First Information Report with the Dhrangadhra Taluka Police Station on 28/11/2012 being CR No.I-174 of 2012, however, there is no further progress in the investigation. It is further submitted that even the whereabouts of his daughter is not found out by the concerned investigating officer. Therefore, it is requested to direct the police authorities, more particularly respondent Nos.1 to 3 herein to find out and/or trace out her minor daughter and to produce before this Court.
(3.) HAVING heard Mr.Vaishya, learned advocate appearing on behalf of the petitioner and Additional Public Prosecutor and considering the First Information Report and Affidavit-in-reply, it appears that according to the petitioner his minor daughter, who at the relevant time was aged about about 16 years, has been kidnapped and/or abducted by the accused named in the First Information Report being CR No.I-174 of 2012 registered with the Dhrangadhra Taluka Police Station and she is missing since 28/11/2012. It appears from the reply that the concerned investigating officer of Dhrangadhra Taluka Police Station has tried his best to find out and/or trace out the whereabouts of the corpus as well as respondent No.4 herein, however, still their whereabouts are not known and all the efforts to find out the whereabouts of the corpus have failed.