BHARATBHAI GANESHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been preferred by the petitioner, who is the husband of the corpus, with a prayer to direct respondents Nos.1 to 4, State of Gujarat, District Superintendent of Police, Palanpur, Banaskantha, Deputy Superintendent of Police, Deodar, Banaskantha and Police Sub Inspector, Deodar, Banaskantha, respectively, to produce the corpus of his wife, Naynaben (respondent No.15), who has allegedly been abducted and illegally confined by respondents Nos.5 to 14.

(2.) It is the case of the petitioner that he and the corpus, Naynaben, were having a love affair for the past six years, which was not liked by the parents and relatives of the corpus. However, the petitioner and the corpus decided to get married to each other. On 15.12.2017, a marriage was performed between them as per Hindu rites and rituals. The said marriage has been registered before the Competent Authority and the Marriage Registration Certificate is annexed at Annexure A to the petition. It is further stated in the petition that when respondents Nos.5 to 14, father and the relatives of the corpus, respectively, came to know of the marriage, they threatened both the petitioner and the corpus as the marriage was performed against their wishes. The petitioner and the corpus were under immense fear, therefore, the petitioner preferred an application dated 19.12.2017, before the Police authorities asking for Police protection. Thereafter, the petitioner and respondent No.15 jointly preferred Special Criminal Application No.10237/2017 before this Court, seeking directions for Police protection. Mr.Vishal Avtani, learned advocate for the petitioner has produced a copy of the order dated 15.01.2018, passed by the learned Single Judge (Coram: J.B.Pardiwala, J.), whereby the Police authorities of Deodar Police Station and Agthada Police Station, District Banaskantha, have been directed to look into the matter and see that no untoward incident occurs on account of the marriage of the applicants therein. The petitioner and the corpus came to Ahmedabad on 04.01.2018. When they reached there, the corpus was nabbed by respondents Nos.5 to 14. Since then, she was kept under illegal confinement.

(3.) Today, when the petition is taken up, Mr.Hardik Soni, learned Additional Public Prosecutor, has submitted that the corpus is present in the Court in the company of her uncle, respondent No.12.