CHAVDA CHANDUBHAI GUNVANTBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Sriram Bhargav, learned advocate for Mr. Ashish M. Dagli, learned advocate for the petitioner, Mr. Rakesh Patel, learned APP for respondents no.1 and 4 and Mr. M.M. Tirmizi, learned advocate for Mr. Meet Raval, learned advocate for respondent no.3.

(2.) By this petition under Article 226 of the Constitution of India, the petitioner has prayed for a writ of Habeas Corpus, being friend of Corpus - Gheri Yasmin Sayeedbhai. It was the case of the petitioner that the Corpus - Yasmin has been abducted by respondent no.3 - Gheri Sayeedbhai who happens to be her father. Pursuant to the notice issued by this Court, Corpus - Yasmin was produced before this Court on 19.8.2019. The Hon'ble Division Bench of this Court passed the following order:-­ "Learned advocate for the petitioner, under the instructions of his client, submits that the petitioner has received a telephone from the corpus today at around 1.55 p.m., indicating that she is at Godhra and she is apprehending serious physical and mental torture. In that view of the matter, we post this matter on 20.8.2019 and reiterate our direction to the concerned police officer to see to it that the corpus is brought before the Court tomorrow, failing which we will be compelled to assign this matter to the Superintendent of Police and appropriate further action be ordered."

(3.) The corpus Gheri Yasmin Sayeedbhai is brought before the Court today. The corpus was unable to control her constant weeping and soring. We have to summon doctor for examining the corpus also and therefore, we are of the view that at this stage, it would not be possible to ascertain the correct position and hence, we deem it proper to adjourn this matter so that on the next date of hearing when the corpus is in a proper frame of mind, the Court may ascertain her desire and willingness in respect of the allegations and averments made in this petition.