DINESHBHAI MOHANBHAI LODHA 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, Rituben, with a prayer to direct respondents Nos.2 and 3, Superintendent of Police, Palanpur and Police Inspector, Shihori Police Station, District Banaskantha, respectively, to produce the corpus of his daughter before the Court.

(2.) It is the case of the petitioner that his daughter, Rituben, who was aged about sixteen years and ten months when she went missing from her house on the night intervening 03.08.2017 and 04.08.2017, has been illegally confined by respondent No.4, who is a married man with a daughter.

(3.) As per the averments made in the petition, respondent No.4 has coerced Rituben and taken her with him with a view to commit an offence with her. The petitioner apprehends that she may be physically abused and her life may be placed in danger. After the corpus went missing from the house of the petitioner on the night of 03.08.2017, he and his family members tried to search for her, but could not find her anywhere. The petitioner approached the Shihori Police Station on 05.08.2017 and lodged an FIR, being C.R.No.I 45/2017, for offences punishable under Sections 363 and 366 of the Indian Penal Code, 1860 and Sections 18 and 29 of the Protection of Children from Sexual Offences Act, 2012. When the daughter of the petitioner could not be traced, he approached this Court by way of the present petition.