MUSTAKBHAI HANIFBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP Mr. Ronak Raval waives service of Rule for the respondent-State.

(2.) This petition is filed by the petitioners under Article 226 of the Constitution of India, wherein the petitioners-parents of the Corpus has prayed that the respondent No.2-Nari Vikas Gruh be directed to produce the respondent before this Court.

(3.) It is submitted by the learned advocate for the petitioners that the petitioners filed Special Criminal Application No.5230 of 2022 for issuance of writ of Habeas Corpus, as the respondent-Corpus i.e. daughter of the petitioners was in illegal custody of the original respondent No.5 of the said petition. It is submitted that the age of the Corpus was 15 years and 8 months at the relevant point of time and as on today she is aged about 16 years and 9 months. It is further submitted that this Court disposed of the said petition vide order dtd. 6/6/2022 and looking to the willingness shown by the Corpus and in the facts and circumstances of the present case, the Corpus was sent to Nari Vikas Gruh, Paldi, Ahmedabad. Copy of the said order is produced on record at page 6. Learned advocate further submits that now respondent No.3-Corpus is willing to join her parents i.e. present petitioners, and therefore, she has written a letter dtd. 7/3/2023. However, because of the order dtd. 6/6/2022 passed by this Court, the respondent No.2 has not permitted the respondent No.3 to go out of the said Nari Vikas Gruh. Therefore, this Court may pass appropriate order looking to the facts of the present case.