BHOLABHAI RUDABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by the petitioner, who is father of the corpus, under Article 226 of the Constitution of India, wherein the petitioner has prayed that writ of habeas be issued and thereby the respondent - Police authority be directed to produce the corpus before this Court.

(2.) On filing of the petition, this Court, by an order dtd. 7/3/2023, issued notice and directed the concerned Police Officer to produce the Corpus and in pursuance to issuance of the notice, the Corpus is produced before this Court by the Police authority.

(3.) Learned advocate for the petitioner has referred to the averments made in the memo of petition and, thereafter, submitted that the petitioner is the father of the corpus viz., Reena @ Neha, who is aged about 17 years. It is submitted that the respondent no.5 has kidnapped the corpus and, therefore, the petitioner has filed FIR before Rajula Police Station on 8/12/2022. It is submitted that the corpus is in illegal custody of the respondent no.5 and, therefore, appropriate direction be issued.