BHALABHAI KHIMABHAI THARESA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by the father of corpus viz. Tejalben Bhalabhai Tharesa, alleging that she has been illegally confined by respondent No.3 - Jayesh Savabhai Makwana. For missing of his daughter, petitioner has filed an application dtd. 1/3/2023 addressing it to Police Inspector of Morbi Taluka Police Station.

(2.) Since petitioner was not being informed about any progress of inquiry into the application, vide order dtd. 11/4/2023, this Court directed that respondent No.2 herein i.e. Police Inspector, Morbi Police Station, to file report whether such application is received by him or not and if received, what action is taken pursuant thereto on or before 18/4/2023. Since no such report was filed, again on 18/4/2023, learned APP was directed to see that respondent No.2 files an affidavit for the efforts made in connection with the application dtd. 1/3/2023 given by the petitioner in respect of missing daughter.

(3.) Pursuant thereto, Prakash Ambarambhai Dekavadiya, Police Inspector, Morbi City 'B' Division Police Station, has filed a detailed affidavit as also the statements recorded of the petitioner himself, respondent No.3 - Jayesh Savabhai Makwana as also respondent No.4 - Tejalben Bhalabhai Tharesa, pursuant to an application preferred by the petitioner. He has submitted on oath that he recorded the statement of corpus, Tejalben, who is aged about 22 years, wherein it is declared that she had relations with respondent No.3 herein for about 2 years but since both of them are distant relatives in the family, they apprehend that their decision may not be affirmed by the family members and therefore, she had left her house. It is further stated in the affidavit as also the statement of respondent No.4 - Corpus viz. Tejalben, that of her own free will, she has gone with respondent No.3 herein and at present, i.e. on the date of recording statement, she wanted to go in the company of respondent No.3. As reflected from the statement, she flatly refused to join the company of her parents.