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Gujarat High Court · body

2017 DIGILAW 1363 (GUJ)

Gavuben Valjibhai Sosa v. State of Gujarat

2017-08-08

A.J.SHASTRI, ABHILASHA KUMARI

body2017
ORAL ORDER : ABHILASHA KUMARI, J. This Habeas Corpus petition under Article 226 of the Constitution of India has been preferred by the petitioner, with a prayer to direct respondents Nos. 2 and 3 - District Superintendent of Police, Rajkot and Police Sub-Inspector, Bhadla Police Station, Taluka-Jasdan, District - Rajkot, to produce the corpus-Shraddha, who is her daughter, before this Court. 2. It is stated in the petition that the corpus, who, at the relevant point of time, was aged fifteen years, six months and twelve days, was found missing from her house on 12.6.2016 The petitioner along with the corpus was sleeping at their residence, but when the petitioner woke up in the morning, the corpus was not to be found. The search made by the petitioner at nearby places and the houses of relatives, proved to be unfruitful. The petitioner, therefore, lodged the complaint on 15.6.2016 before the respondent No. 3. Though a year has passed, the corpus could not be found. The petitioner has, therefore, preferred the present petition. 3. Notice was issued in the petition on 3.7.2017 making it returnable on 14.7.2017. The petition was adjourned on two previous occasions. When the matter is taken up today, Mr. Ronak Raval, learned Additional Public Prosecutor, submits that the corpus has been found on 29.7.2017, which day, being a holiday, she was lodged in Kathiyawad Nirashrit Balashram, Rajkot (Ashram). Today, she is present in the Court. Learned APP has stated that respondent No. 4 has now been arrested. 4. The corpus - Shraddha is now aged about sixteen years and six months and is still a minor. We, therefore, interacted with the corpus in Chambers and asked her where she would like to go. She has categorically refused to go with the petitioner and has stated that she would like to stay at the Ashram, where she is lodged at present. 5. The corpus stated that she had gone with respondent No. 4. However they were caught by the police on 2 9.7.2017, after which she has been lodged in the Ashram. Further, she has stated that she does not want to go to the house of the petitioner as the petitioner would get her married to someone else and she desires to marry respondent No. 4. 6. However they were caught by the police on 2 9.7.2017, after which she has been lodged in the Ashram. Further, she has stated that she does not want to go to the house of the petitioner as the petitioner would get her married to someone else and she desires to marry respondent No. 4. 6. Taking into consideration the categorical refusal of the corpus to go with her mother, the petitioner and her inclination to stay at the Ashram, we, therefore, direct that the corpus be lodged in the Ashram till she attains the age of majority. The Superintendent of the Ashram is directed to take good care of the corpus and periodically report regarding her condition to the Principal District Judge, Rajkot. 7. The police personnel, who have brought the corpus to the Court, are directed to take the corpus back to the Ashram. 8. The petition stands disposed of, accordingly. Notice is discharged.