ASHOK THADANI Vs. RAMESH K ADVANI

JUDGEMENT

(1.) The first respondents filed to a petition, Crl.M.P. No. 10 of 1982 before the Judicial First Class Magistrate, Ghandhidham, Kutch, alleging that his wife. Usha Advani and daughter Shilpa, were under wrongful confinement of the petitioner, Ashok Thadani at Vijayawada, where he was carrying on business and they should therefore, be prayed for the issuance of search warrant under S. 97 Cr.P.C. The Magistrate issued warrant and disputed the Head constable, respondent No. 2 and the constable, respondent No. 3 of Ghandhidham Police station execute the warrant and to produce Usha Advani and Shilpa before him. Accordingly respondent 2 and 3 came to Vijayawada and took custody of Usha Advani and Shilpa Advani and brought then to Secunderabad Railway Station to the board the train, Minar Express at Secunderabad. The petitioner from whose custody Usha Advani and Shilpa were taken away by respondents 2 and 3 filed this writ petition under Article 226 of the constitution for the issuance of a writ of habeas corpus directing the first respondent, who is the husband of Usha Advani and respondents 2 and 3 to produce Usha Advani and Shilpa before the Court.

(2.) This Court issued Rule Nisi directing respondents 1 to 3 produce Usha Advani and Shilpa on 16-2-1982 at 10-30 a.m. before the court. The 4th respondent who is the Commissioner of Police was directed to take immediate steps to stop respondents 1 to 3 from taking usha Advani and Shilpa Advani by Minar Express from Secunderabad Railway Station. The 4th respondent was also stay of usha Advani and Shilpa in Home for the destitute at Secunderabad or if that is not possible they may be kept in one of the retiring rooms at Secunderabad Railway Station with the necessary police guard and produce them on 16-2-1982 at 10-30 a.m. before the court. The 4th respondent got executed through the Assistant commissioner of police, Secunderabad. Maradepali Division, Secunderabad the orders of this court dated 15-2-1982 and places Usha Advani and Shilpa in the custody of the Station Secunderabad for production at 10-30 a.m. on 16-2-1982 before this court.

(3.) On 16-2-1982 at 10-30 a.m. the Assistant Commissioner of Police produced Usha Advani and Shilpa before this court.