KISHORKUMAR BACHUBHAI KAPDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Habeas Corpus petition under Article 226 of the Constitution of India has been preferred by the petitioner with a prayer to direct respondent No.2, Police Inspector, Bopal Police Station, to produce the corpus of respondent No.3, Anjali Rajkumar Agrawal, with whom the petitioner has decided to get married and who is also desirous of getting married to the petitioner.

(2.) It is stated in the petition that the petitioner is engaged in various business activities in India and abroad. At present, he is the Managing Director of two companies, namely, Vashishtha Industries Limited and Afcan Impex Private Limited. A copy of the list of the companies on the website of the Ministry of Corporate Affairs, Government of India, is annexed as Annexure A to the petition. It is further stated in the petition that the petitioner resides at Nebula Tower, along with his mother. The corpus, Anjali, used to reside in the flat opposite the flat of the petitioner. The petitioner and respondent No.3 developed an intimate relationship with each other as they have known each other for about six years. Hence, they both decided to get married. However, the parents of respondent No.3 were not desirous of getting the corpus married to the petitioner. They, therefore, took the corpus away from their residence and confined her at another place where she was not allowed access to a mobile phone and was not permitted to leave the house. It is the case of the petitioner that the corpus is still desirous of getting married to him and this is proved by the transcript of the mobile phone recording between the corpus and her mother, wherein she has clearly stated that her mother should get her married to the petitioner, otherwise she would take her life. A copy of the said transcript is at Annexure F. Under the circumstances, the petitioner has preferred the present petition before this Court.

(3.) Heard Mr.Hriday Buch, learned advocate for the petitioner, Ms.Jirga D. Jhaveri, learned Additional Public Prosecutor for respondents Nos.1 and 2 and Mr.Aditya J. Pandya, learned advocate for respondents Nos.4, 5 and 6.