HARESHBHAI JIVRAJBHAI DAYANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This habeas corpus petition is filed praying for writ of habeas directing respondents nos.4 and 5 to produce the corpus - Trushali aged about 14 years then when the FIR came to be filed i.e. 2/8/2019. However, the present petition appears to have been filed in the year 2023 and it was for the first time placed for hearing on 13/2/2023 when notice came to be issued making it returnable on 28/2/2023. Pursuant to the notice issued, Mr. Danak, learned advocate appeared for respondents nos.4 and 5. He has submitted that respondent no.4 - Bhagvanbhai Bhadabhai Bhadhrka has already married with the corpus - Trushali and as on date she is major and carrying pregnancy of seven months. Since the Doctor treating her advised not to travel long, she is not present before the Court.

(2.) Mr. Danak, learned advocate has also produced a copy of the order dtd. 14/10/2022 passed in Criminal Miscellaneous Application No.18685 of 2022, which was filed praying for quashing of FIR filed by the petitioner - father against respondent no.4 for an offence under Ss. 363, 366 etc. of Indian Penal Code wherein this Court issued notice and granted interim relief. Learned advocate has drawn attention of the Court to the submissions made by him before the Court, which weighed with it, that on attaining the age of the majority respondent no.4 and corpus have got married and out of the marriage she is having pregnancy of nearly seven months.

(3.) Learned Additional Public Prosecutor has also produced statement dtd. 26/2/2023 of corpus Trushali stating therein that she of her own volition is with respondent no.4 and staying with him in his family and she is pregnant. As reflected from the statement, she is talking with her father over the mobile phone. At any rate, in view of the circumstances, we cannot conclude that she is being illegally detained by respondents nos.4 and 5, and therefore, this petition for writ of habeas corpus is hereby rejected.