FARIDBHAI HABIBBHAI KHALIFA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India in which the petitioner i.e. father of respondent No.5 - corpus has prayed that a writ of habeas corpus be issued and, thereafter, the respondent - Police Authority be directed to produce the corpus before this Court.

(2.) Heard Ms.Akshitaba Solanki, learned advocate appearing for the petitioner, Mr.J. K. Shah, learned Additional Public Prosecutor appearing for respondents No.1 to 3 and Mr.Karna Dhomse, learn ed advocate appearing for respondents No.4 and 5.

(3.) Learned advocate appearing for the petitioner has referred the averments made in the memo of petition and thereafter submitted that respondent No.5 - corpus is the daughter of the present petitioner. It is submitted by the learned advocate for the petitioner that respondent No.5 - corpus is in illegal custody of respondent No.4 and, therefore, the petitioner has filed FIR on 21/2/2022 before the Dholka Rural Police Station, Ahmedabad Rural. It is submitted by learned advocate for the petitioner that at the relevant point of time, the age of the corpus is 17 years and 1 month and, therefore, the respondent - Police Authority be directed to produce the corpus before this Court.