PRAJAPATI CHANDUBHAI MADHUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Habeas Corpus petition under Article 226 of the Constitution of India has been preferred by the petitioner, who is the father of the corpus Viralben, with a prayer to direct the respondents to produce the corpus of his daughter who has allegedly been illegally confined by respondents Nos.4 to 11.

(2.) It is the case of the petitioner that his daughter Viralben got married to Mehulkumar Dahyabhai Prajapati on 16.05.2017. Both started residing as husband and wife at Village Malasa, Taluka: Bhiloda. The corpus was pursuing her M.A. Degree at Vadali and on the morning of 15.12.2017, she left for college. When she did not return home in the evening, the son in law of the petitioner looked for her everywhere and tried to contact her over her mobile phone but it was switched off. He then contacted the petitioner to inquire whether his wife had come to her parental home. As she was not there, as well, the petitioner and other family members began searching for her. There was no trace of the petitioner's daughter, therefore, Mehulkumar Dahyabhai Prajapati (son in law of the petitioner) approached the concerned Police Station on 15.12.2017 and registered a complaint regarding his wife being missing. During the search, his son in law came to know that respondent No.4 has abducted the corpus forcibly and against her will and she has been illegally confined by respondents Nos.4 to 11. Under the circumstances, the petitioner has approached this Court by way of the present petition.

(3.) Notice was issued in the petition on 19.01.2018, making it returnable on 29.01.2018. Today, when the petition is taken up, Mr.Hardik Soni, learned Additional Public Prosecutor, has informed the Court that the corpus is present, escorted by respondent No.5, father of the suspect (respondent No.4).