DHIRSINGH MANGAJSINGH RAJPUT.... 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.3, Police Sub Inspector, Mangrol Police Station, to produce the corpus of his daughter, Aartiben, from the illegal detention of respondent No.2 and/or his aides.

(2.) The petitioner is the father of the corpus Aartiben, who is a minor and was aged fifteen years nine months and four days when the incident took place on 23.05.2017. On that day, at about 5:15 PM, while the petitioner was returning home from his work, he received a phone call from his son, Abhishek, informing him that ten minutes ago, the corpus had left the house and gone somewhere. The petitioner reached his house and made inquiries from his son and came to know that the corpus was not present there and the door of the house was locked from outside. On asking his wife, the petitioner was told that at about 4:15 PM, she left the house for the purpose of buying vegetables from the market. At that time, the corpus was inside the house. The wife of the petitioner had asked the corpus to accompany her to the market but the corpus had declined. When she returned, she found the door locked from outside and the keys of the lock were lying on the floor. On unlocking the house, the corpus was not found inside. On making inquiries from relatives in the State of Rajasthan where the corpus used to study, the petitioner was informed that the corpus used to talk on the mobile phone with the owner of the house, namely respondent No.2. Apprehending that respondent No.2 has something to do with the disappearance of the corpus, the petitioner filed a complaint before the Mangrol Police Station. When there was no trace of the corpus, the petitioner approached this Court by way of the present petition.

(3.) Rule was issued in the petition on 09.01.2018, making it returnable on 17.01.2018. The Police authorities have filed Action Taken Reports in the meanwhile.