BHUPENDRABHAI RAMKARAN PANDEY 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 the respondents to produce his daughter named Shitalben, aged sixteen years and ten months and hand over her custody to him.

(2.) It is averred in the petition that the corpus Shitalben went missing from the house of the petitioner on 25.11.2017. She had gone to her tuition class but did not return home. Upon searching for her everywhere, the petitioner could not find her. The petitioner came to know that the corpus used to talk to respondent No.4 on his mobile. The petitioner apprehends that respondent No.4 has abducted his minor daughter and kept her in illegal custody. An FIR, being C.R. No.I?39/2017, was registered at Vijalpor Police Station on 25.11.2017, a copy of which is annexed to the petition. As the Police authorities could not trace out the corpus, the petitioner has approached this Court.

(3.) Rule was issued in the petition on 01.01.2018, making it returnable on 12.01.2018. When the petition is taken up today, Mr.Hardik Soni, learned Additional Public Prosecutor, submits that the corpus is present before the Court. As per his instructions, the corpus and respondent No.4 surrendered to the Vijalpor Police Station on 10.01.2018. The corpus was kept in the Nari Samrakshan Gruh, Chikhli, from where she is brought before the Court in the custody of Shri D.D.Jhala, Police Sub Inspector and Ms.Nitaben Khandubhai, Woman Lok Rakshak, Vijalpor Police Station, Navsari. Respondent No.4 is stated to be in judicial custody.