ORDER : 1. The petitioner approached this Court for issuance of writ of habeas corpus since the daughter of the petitioner was missing from 11th August, 2018. He also lodged First Information Report with Chotila Police Station on 15th August, 2018 being I-C.R. No. 65 of 2018 for the offence punishable under Section 366 of the Indian Penal Code. As the whereabouts of the girl was not found out by the police authority, he approached this Court with the following reliefs: “(A) Be pleased to issue a writ of habeas corpus or a writ in the nature of habeas corpus or any other appropriate writ, order or direction and to direct the respondent No. 3 herein to secure the custody of the corpus of missing daughter of the petitioner named Nidhi and further be pleased to direct the respondent No. 3 to produce the corpus of missing daughter of the petitioner named Nidhi, before this Hon’ble Court. (B) Be pleased to pass such other and further orders as may be deemed fit and proper.” 2. This Court, after initial directions, passed a detailed order on 02nd April, 2019 (Coram: J.B. Pardiwala and A.C. Rao, JJ). Wroth while it would be to reproduce the said order: 1. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs: “(A) Be pleased to issue a writ of habeas corpus or a writ in the nature of habeas corpus or any other appropriate writ, order or direction and to direct the respondent no. 3 herein to secure the custody of the corpus of missing daughter of the petitioner named Nidhi and further be pleased to direct the respondent no. 3 to produce the corpus of missing daughter of the petitioner named Nidhi, before this Hon'ble Court. (B) Be pleased to pass such other and further orders as may be deemed fit and proper.” 2. The case of the writ applicant, in his own words, as pleaded in the writ application, is as under: “2. The petitioner, by way of the present petition, begs to approach this Hon'ble Court for issuance of the writ of habeas corpus since the daughter of the petitioner named Nidhi is missing since 11.08.2018. The case of the writ applicant, in his own words, as pleaded in the writ application, is as under: “2. The petitioner, by way of the present petition, begs to approach this Hon'ble Court for issuance of the writ of habeas corpus since the daughter of the petitioner named Nidhi is missing since 11.08.2018. The petitioner tried to search for his daughter on all known places and since the petitioner could not find his daughter, lodged the FIR with Chotila Police Station on 15.08.2018. The respondent lodged the FIR for the offences punishable under section 366 of Indian Penal Code, 1860 which is registered as I-C.R. No. 65 of 2018. 3. The petitioner has specifically given information that the respondent no. 4 i.e. Mr. Dhaval Trivedi has lured and enticed and has kidnapped the daughter of the petitioner; however, the FIR is only lodged for the offence punishable under section 366 of Indian Penal Code. Since then the daughter of the petitioner is missing. On various occasions it was found that the daughter of the petitioner and Dhaval Trivedi were together; however, no steps were taken by the respondent officers to trace the daughter of the petitioner. Said Dhaval Trivedi is aged about 46 years and is in the habit of keeping relations with young girls, in fact the girls are lured and enticed and taken away by Dhaval Trivedi and thereafter the whereabouts of girls are not known. Mr. Dhaval Trivedi has been convicted for the offence punishable under sections 363, 366, 376 of Indian Penal Code, 1860 and section 6 of the POCSO Act for life imprisonment; however, the petitioner has learnt from reliable sources that he obtained parole leave and has kidnapped and taken away the daughter of the petitioner against her wish and has detained her at some unknown place against her wishes and therefore the petitioner has serious apprehension about the safety of her daughter. The daughter of the petitioner is only 18 years old whereas Dhaval Trivedi is aged about 46 years and he is married and is having a daughter of the age of the petitioner’s daughter; however, the respondent no. 4 Dhaval Trivedi appears to be a maniac and has committed similar offences. The facts were notified to the respondent police officers; however, except registering the FIR no action have been taken. 4 Dhaval Trivedi appears to be a maniac and has committed similar offences. The facts were notified to the respondent police officers; however, except registering the FIR no action have been taken. The daughter of the petitioner is missing on and from 11.08.2018; however, till date the whereabouts of the daughter of the petitioner is not traceable. Time and again the petitioner has visited the respondent no. 2 and 3; however a stock answer is given that as and when the whereabouts the daughter of the petitioner is traced, the petitioner will be informed till then the petitioner shall not even disturb and visit frequently the respondent no. 2 and 3. The petitioner seriously apprehending the safety of his daughter and therefore the respondent no. 2 and 3 are required to be directed to produce the corpus of the daughter of the petitioner namely Nidhi Mukeshbhai Khakhkar forthwith. 4. The short facts giving rise to the petition are as under. 5. The petitioner states that the daughter of the petitioner named Nidhi M. Khakhar was born on 18.10.2000. The daughter of the petitioner is aged about 18 years. The daughter of the petitioner is missing on and from 11.08.2018, therefore at the time when the daughter of the petitioner was kidnapped by Dhaval Trivedi the aged of the daughter of the petitioner was 17 years and 10 months. A copy of the birth certificate of Nidhi Mukeshbhai Khakhar is annexed hereto and marked as Annexure-A. The petitioner states that the daughter of the petitioner has completed her H.S.C certificate examination in the general stream on 30.05.2017. The certificate has been issued by Gujarat Secondary and Higher Secondary Education Board dated 30.05.2017. A copy of the H.S.C. certificate dated 30.05.2017 is annexed hereto and marked as Annexure-B. 6. The petitioner states that the daughter of the petitioner was pursuing her studies in Bachelor of Commerce (2nd Semester), Saurashtra University and appeared in the examination which was scheduled in March April 2018. The daughter of the petitioner was studying in Rajkot Kundaliya College and was going to the college twice or thrice in a week. The college timing of the daughter of the petitioner was 7.00 am in the morning and thereafter she would return between 1.30 pm to 2.00 pm. 7. The petitioner runs cutlery shop in the name and style as Shivsagar which is situated in Chotila main bazaar. The college timing of the daughter of the petitioner was 7.00 am in the morning and thereafter she would return between 1.30 pm to 2.00 pm. 7. The petitioner runs cutlery shop in the name and style as Shivsagar which is situated in Chotila main bazaar. The respondent no. 4 was running tuition classes in Chotila. Prior to 10 days from the date of missing of the daughter of the petitioner, the daughter of the petitioner was attending the tuition classed of the respondent no. 4. The respondent no. 4 originally is from Vadodara. The respondent no. 4 was married to one lady from Punjab and out of the said wedlock the respondent no. 4 has one daughter who is also aged about the daughter of the petitioner. The petitioner has learnt from reliable sources that Mr. Dhaval Trivedi has divorced his wife and at present his ex-wife and daughter are residing at Rajkot. The respondent no. 4 at present resides at Vadodara with his mother and father. 8. The petitioner states that after the respondent no. 4 was convicted he has started residing at Chotila and was on parole and though he was on parole he has started the tuition classed and the daughter of the petitioner had started attending the said classed. 9. On 11.08.2018, the daughter of the petitioner had left the house at 7.00 am for attending her college. The petitioner had gone to his shop at about 10.15 am thereafter he called his wife and informed that he tried to talk with Nidhi but Nidhi’s phone is found to be switch off and thereafter since the daughter of the petitioner did not returned home they started searching for her. The petitioner and his wife were searching their daughter and at that time they learnt that since 10 days the daughter of the petitioner was attending the tuition classed of Dhaval Trivedi and Dhaval Trivedi has taken away the daughter of the petitioner by giving her fake promises about marrying and assaulted her modesty. The petitioner therefore approached the respondent no. 3 for lodging the FIR. The FIR was thereafter lodged for the offence punishable under section 366 of Indian Penal Code, 1860 on 15.08.2018. The copy of the FIR being I-C.R. No. 65 of 2018 is annexed hereto and marked as Annexure-C. 10. The petitioner therefore approached the respondent no. 3 for lodging the FIR. The FIR was thereafter lodged for the offence punishable under section 366 of Indian Penal Code, 1860 on 15.08.2018. The copy of the FIR being I-C.R. No. 65 of 2018 is annexed hereto and marked as Annexure-C. 10. The petitioner states that after the petitioner lodged the FIR, the petitioner visited the Chotila police station on various occasions; every time the petitioner was been informed that as and when then whereabouts of the daughter of the petitioner is traced, the petitioner would be informed. The respondent no. 3 had tried to search the daughter of the petitioner and has taken out the CCTV footages of the State Transport Bus Stand. The daughter of the petitioner and the respondent no. 4 were found together. Thereafter the phone of the daughter of the petitioner was kept in track by the respondent no. 3 of Chotila Police Station. The phone of the daughter of the petitioner was located at Karolbaug, Delhi. The respondent no. 3 went to Delhi and met the person who was having the phone of the daughter of the petitioner. Upon inquiry it was informed that Dhaval Trivedi has sold the said phone for sum of Rs. 4000/- by introducing Nidhi as her daughter and stating that since she was ill and they were in need of money the phone was required to be sold. The CCTV footages of the said area were also collected, however, thereafter nothing is heard from the daughter of the petitioner neither the respondent no. 2 and 3 have taken any actions for searching or tracing the daughter of the petitioner. 11. The petitioner states that since the daughter of the petitioner was not traceable the respondent no. 3 has got printed a posture wherein the photographs of Dhaval Trivedi and Nidhi Mukheshbhai Khakhkar were also printed and the said posture is captioned as wanted. Dhaval Trivedi is shown to be a kidnapper and Nidhi is shown to be a victim. The copy of the posture of Dhaval Trivedi and Nidhi is annexed hereto and marked as Annexure-D. 12. The petitioner states that an article is also published in Gujarati Magazine named Chitra Lekha dated 10.09.2018 wherein a detailed article is published regarding the conduct of Dhaval Trivedi. The copy of the posture of Dhaval Trivedi and Nidhi is annexed hereto and marked as Annexure-D. 12. The petitioner states that an article is also published in Gujarati Magazine named Chitra Lekha dated 10.09.2018 wherein a detailed article is published regarding the conduct of Dhaval Trivedi. The article reveals shocking facts about the character of the Dhaval Trivedi to lure and entice young girls and assault their modesty. From the said article it is found that the daughter of the petitioner is not the only victim but there are various other girls who have been victimized by Dhaval Trivedi. Earlier, he has taken away two girls from Surat namely Vaishali and Jagruti and they were taken to Gauhati, two other girls from village Padadri aged about 17 years. The said two girls were found by the police from Ludhiana, Punjab and all three were together. The modus operandi of Dhaval Trivedi is that after kidnappin girls he would change his name, change the ATM cards, change the addresses, in case of the girls belonging to village Padadri, Dhaval Trivedi introduced one girl as his wife and the other girl as his sister in law. He would also get fake elections cards of the girls. In case of the girls from village Padadri the concerned court had convicted him for 20 years after getting parole, the daughter of the petitioner become the victim. A copy of the article printed in Chitra Lekha Magazine dated 10.09.2018 is annexed hereto and marked as Annexure-E. 13. The petitioner states that FIR was lodged against Dhaval Trivedi in Padadri Police Station being I-C.R. No. 44 of 2012 for the offence punishable under section 363, 366, 376 of Indian Penal Code read with section 4 and 6 of POCSO Act. the said case was registered as Sessions (POCSO) Case No. 233 of 2014. The trial was carried out the Learned Additional Session Judge and Special Judge (POCSO), Rajkot by judgment and order of conviction dated 23.03.2018, the Learned Additional Judge and Special Judge (POCSO), Rajkot convicted Dhaval Trivedi for the offence punishable under section 363, 366 and 376 of Indian Penal Code and section 6 of POCSO and order to undergo a sentence of rigorous life imprisonment. The copy of judgment and order of conviction dated 23.03.2018 in Special Session (POCSO) Case No. 233 of 2014 is annexed hereto and marked as Annexure-F. 14. The copy of judgment and order of conviction dated 23.03.2018 in Special Session (POCSO) Case No. 233 of 2014 is annexed hereto and marked as Annexure-F. 14. The petitioner states that an article is also published in the Daily Newspaper Akila in its edition dated 16.08.2018 in detail it has been mentioned the manner in which the respondent no. 4 abducted the girls and how he has assaulted their modesty. A copy of the newspaper article published in Daily Newspaper Akila dated 16.08.2018 is annexed hereto and marked as Annexure-G. 15. The petitioner states that from 11.08.2018 till date on various occasions the petitioner has met respondent no. 2 and 3 to know progress about the investigation and also to know whether his daughter has been found or not. Initially the respondent no. 3 informed the petitioner that the daughter of the petitioner would be search subsequently the petitioner is being given a different answer, the petitioner has been bluntly informed that as and when the daughter of the petitioner is traceable the petitioner would be informed. The petitioner also requested the respondent no. 3 to verify from the residence of the respondent no. 4 and ask his parent, however, the respondent no. 3 has not even thought it fit to visit the residence of the respondent no. 4 and try to search the daughter of the petitioner. Lastly, the CCTV footages were recovered from Karolbaug, Delhi wherein the daughter of the petitioner and Dhaval Trivedi were found, however, thereafter there is no trace of the daughter of the petitioner and Dhaval Trivedi. The respondent no. 2 and 3 are also no taking any action for searching the daughter of the petitioner. The petitioner is a very poor person. On account of the missing of his daughter, the petitioner and his wife has become ill and were required to be admitted in the hospital. Nidhi is the only daughter of the petitioner, the petitioner has no other child except Nidhi. Nidhi was a brilliant student; however, on account of her association with Dhaval Trivedi, entire career of Nidhi has been ruined. Looking to the conduct of Dhaval Trivedi, the petitioner has serious apprehensions about the safety of his daughter and therefore the petitioner is preferring the present petition under article 226 of the Constitution of India for issuance of a writ of habeas corpus for directing the respondent no. Looking to the conduct of Dhaval Trivedi, the petitioner has serious apprehensions about the safety of his daughter and therefore the petitioner is preferring the present petition under article 226 of the Constitution of India for issuance of a writ of habeas corpus for directing the respondent no. 3 to produce a corpus of the missing daughter of the petitioner namely Nidhi Mukheshbhai Khakhar. 16. The petitioner submits that the daughter of the petitioner namely Nidhi Mukeshbhai Khakkhar is missing on and from 11.08.2018. The petitioner himself has tried to search his daughter at various known place, however the daughter of the petitioner is not traceable. There are CCTV footages which clearly reflect that Nidhi has been abducted by respondent no. 4. Nidhi is such a child that she would never have gone against the wishes of her parents; however, it appears that the respondent no. 4 has enticed, lured and has kidnapped Nidhi against her wishes and has taken her away to some unknown place and Nidhi has been detained against her wishes by respondent no. 4. The facts which have been revealed about the character of the respondent no. 4 itself is enough to show that the Nidhi has been abducted by Dhaval Trivedi. The petitioner has lodged the FIR naming Dhaval Trivedil however, the respondent no. 2 and 3 are also not taking any action for searching the missing daughter of the petitioner. Lastly, the CCTV footages were obtained from Karolbaug, Delhi from where the daughter of the petitioner and Dhaval Trivedi were found. However, thereafter the respondents have not bothered to trace the whereabouts of Nidhi. It may be noted that the respondent no. 4 is a convict and has jumped parole and has committed this serious offence. This cannot be without the connivance of the concerned police officer. The conduct of the respondent no. 2 and 3 is creating suspicion, since the respondent no. 2 and 3 have also remained silent uptill now. It appears that deliberately no actions have been taken for tracing the whereabouts of Nidhi and Dhaval Trivedi. It appears that the respondent no. 2 and 3 are acting hands in gloves with respondent no. 4 and therefore no actions have been taken for searching Nidhi and Dhaval Trivedi. The conduct of the respondent no. 2 and 3 is required to be deprecated in no uncertain terms and the respondent no. It appears that the respondent no. 2 and 3 are acting hands in gloves with respondent no. 4 and therefore no actions have been taken for searching Nidhi and Dhaval Trivedi. The conduct of the respondent no. 2 and 3 is required to be deprecated in no uncertain terms and the respondent no. 2 and 3 are required to be directed to search the daughter of the petitioner namely Nidhi and produce her forthwith before this Hon’ble Court.” 3. It appears from the materials on record that the respondent no. 4, namely Dhavalkumar Hareshchandra Trivedi, is a hard core criminal. He is a convict accused of the offences punishable under Sections 363, 366, 376 of the Indian Penal Code and Section 4, 6 of the Protection of Children from Sexual Offences Act, 2012, (for short ‘POCSO’). It appears from the materials on record that the respondent no. 4 was arrested in connection with the First Information Report bearing C.R.I. No. 44 of 2012, registered with the Padadri Police Station, Rajkot, for the offences enumerated above. Ultimately he was put on trial in the Court of Special Judge (POCSO) and was held guilty of the offences enumerated above. He has been sentenced to undergo life imprisonment. It appears that the respondent no. 4 is a Professor serving with the Rajkot Gondalia College. He is in the habit of luring young girls studying in the college. He is responsible for ruining the life of many innocent girls. One such victim is the daughter of the writ applicant named Nidhi. 4. The respondent no. 4, while undergoing sentence of life imprisonment, was released on parole on some grounds and while he was on parole, he enticed/lured Nidhi and has eloped with her since 11.08.2018. The writ applicant being the father of the missing girl, lodged the First Information Report in this regard dated 15.08.2018 with the Chotila Police Station for the offences punishable under Section 366 of the Indian Penal Code. The situation as on date is that the respondent no. 4 is absconding and has kidnapped Nidhi from her lawful guardianship. The whereabouts of Nidhi are not known till this date. 5. On behalf of the State, an affidavit-in-reply has been filed duly affirmed by Deputy Superintendent of Police, Limbadi, District Surendranagar, inter-alia stating as under: “I, D.V. Basiya, Dy. The situation as on date is that the respondent no. 4 is absconding and has kidnapped Nidhi from her lawful guardianship. The whereabouts of Nidhi are not known till this date. 5. On behalf of the State, an affidavit-in-reply has been filed duly affirmed by Deputy Superintendent of Police, Limbadi, District Surendranagar, inter-alia stating as under: “I, D.V. Basiya, Dy. SP, Limbadi, District Surendranagar, Age-53, do hereby solemnly affirm and state on oath as under: 1. I say and submit that pursuant to the order passed by the Hon’ble Court dated 25.01.2019, the due efforts made by the different investigating officers. The fact of the case that in nutshell follows that complaint was filed as CR No. I-65/2018 was filed on 15.08.2018 at 20:40 hours at Chotila Police Station, under Section 366 of Indian Penal Code. It is alleged by the complainant Mukeshbhai Manharlal Khakhar aged 50 years that his daughter namely Nidhiben Khakhar (Date of Birth 12.10.1999) has eloped along with accused Dhaval Harishchandra Trivedi Date of Birth 25.04.1970, the accused induced the victim in lieu for marriage and has committed the heinous crime and has trapped victim in his malignant intent, the accused primary was convicted under Sections 363, 366, 376 for inducing two minor girls for marriage and hence was convicted with the life imprisonment. Thereafter, accused was granted parole in two instances on 29.06.2018 to 05.07.2018 and 11.07.2018 to 25.07.2018. During the said time, he open the tuition classes were he lure the victim who then age was of 18 years only, further it is pertinent to note that the accused namely Dhaval Harishchandra Trivedi stayed in different places such as Chamunda Dharmshala and N.N. Shah School of Hostel by false name Dharmendra Dave. 2. I say and submit that the accused was fluently with four different languages and has followed the same pattern for victimising the girls. The deponent submits that then on consideration of above factual metrics the following efforts were made or done by the deponent and other investigating officers, while exercising power of authorities are as follows. 2.1 The first Investigation was commenced by the Police Inspector, P.D. Parmar who conducted primary investigation by taking statement of parents and various other such persons. 2.2 The Investigating Officer P.D. Parmar took help from CID Crime, Rajkot as they have conducted the inquiry in prior case registered against accused in Rajkot. 2.1 The first Investigation was commenced by the Police Inspector, P.D. Parmar who conducted primary investigation by taking statement of parents and various other such persons. 2.2 The Investigating Officer P.D. Parmar took help from CID Crime, Rajkot as they have conducted the inquiry in prior case registered against accused in Rajkot. 2.3 The Investigating Officer also visited a person namely Narendra Kantilal Joshi addressed at Gujarat Residence Housing Board, however, there was no such positive or identical result were found. The Investigating officer took statement of Harshadbhai Khakhar who was then teaching English in tuition classes. As per they were total 9 students including the victim girl he know the fact that the accused was inducing and in mala-fide intention along with the victim. Further by taking statement investigating officer came to know that he was good influent in English language he took monitory help from his friend to file appeal against the conviction. 2.4 The Deputy Superintendent of Police Mr. P.G. Jadeja formulated 4 different teams by taking into consideration the seriousness of the offence conducted by the accused. The 1st team was under the Police Sub-Inspector, Shri S.B. Solanki (Special Operation Group Branch). 2nd team was under the Police Sub-Inspector, A.A. Jadeja (Parole Furlough Squad). 3rd team was under Surendranagar District Police (Technical Team) are trace EMEI Number circulated every such information. 4th team was under Deputy Superintendent of Police, Limbadi were circulating the information to the different Police Stations with annexed photos. The outcome of the 4 teams resulted into major facts finding that the accused Dhaval Trivedi used to travelling through railway and he used to stay near railway stations. After such the Police Inspector, P.D. Parmar formulated short press note with the annexed photos of the accused and forwarded to RPF through different Whatsapp Group. 2.5 We have formulated proved details of accused has primarily stayed and with whom. As accused was well verse and affluent with English language and he has primarily done job in different private schools in Delhi on basics of such suspicious grounds we have sent e-1344 letters to the private schools all around Delhi with annexed photos and details of the accused persons and also forwarded such details to different Whatsapp Groups which comprises of Delhi Teachers and Gujarat Police, the main reasoned for such action was that the accused may apply for job. Therefore, in order to bait him we have requested every private schools of Delhi. 2.6 By taking into consideration that victim stole her father’s Adhar Card in order to buy a Simcard and any other uses. Therefore, we have provided Adhar Card Number to the Ahmedabad Cyber Cell and order to find any link or any activity taken by the victim and accused. Based upon the accused prior conviction and taken into consideration has prior job in private school we have forwarded mail to every North Indian Schools with annexed his photos and requesting to past any information if they have. 2.7 The accused contacted Sudarshansinh of Punjab after receiving such information of such activity. We have personal visited Sundersinh and requested him to kindly contact us if accused again tries to contact. 2.8 The accused sold his phone in Delhi after acknowledging the team personally visited shop and recorded statements. 2.9 We have requested to every person who knows the accused in Chotila to kindly contact the Chotila Police Station if the accused contacted them. 2.10 We have also survey bank account opened by the accused or victim through Adhar card. 2.11 Technical Team also conducted the investigation of laptop used by the accused and Facebook Account of the victim girl. 2.12 Conducted the investigation of every place visited by the accused after his conviction in prior case visited every places and the statement of every person the investigation officer after taking into consideration the case diary of Padgari Police Station covered 2 Email I.D. Namely dhtrivedi25@gmail.com and tdchandra@gmail.com conducted investigation on above mentioned Emails of its activity. However, no such positive for identical result were found. The investigation officer came into force that the accused visited at Nepal therefore, they have forwarded information to different schools in Nepal with annexed photos of the accused and requested them to contact immediately. The investigating officer conducted the investigation for delete data in victim mobile phone. Therefore, they have sent same phone for FSL report in Gandhinagar. On 24.09.2018 the FSL report regarding victim phone no positive or identical result. 2.13 The investigation officer with complainant Mukeshbhai Manharlal Khakhar and his relatives Mukeshbhai Mansukhbhai Khakhar and Police Sub-Inspector Shri C.B. Rankeja and staff have personally visited Rajashan, Uttar Pradesh, Hariyana, Panjab and Nepal Emigration Center and also different police station annexing posters of photos of victim and accused. 2.13 The investigation officer with complainant Mukeshbhai Manharlal Khakhar and his relatives Mukeshbhai Mansukhbhai Khakhar and Police Sub-Inspector Shri C.B. Rankeja and staff have personally visited Rajashan, Uttar Pradesh, Hariyana, Panjab and Nepal Emigration Center and also different police station annexing posters of photos of victim and accused. Hence, we have annexed 2000 poster in different places. However, no such adequate results were found. 2.14 The warrant has issued against the accused Dhaval Harishchandra Trivedi under Section 70 of Criminal Procedure Code by Learned Judicial Magistrate First Class on 03.11.2018 and forwarded the same to the different States of India with annexed warrant and photos. 2.15 After acknowledging the fact that the accused and victim travels in train, investigating officer have annexed A4 size posters in English and Hindi language, at Rajkot and Ahmedabad Railway Station and also in train compartment. The complainant also promised to award Rs. 1 Lakh to any such person who provides information of accused and the victim girl and has forwarded posters of accused and victim in Whatsapp Group and Facebook. 2.16 On 29.12.2018 investigating officer circulated the information with annexed photo of accused and victim to every police stations under instructions of DGP. 2.17 After the investigation was handed over to the Deputy Superintended of Police, D.V. Basiya. Deponent formulated 6 teams. 1st team was under the Police Inspector Local Crime Branch and staff members, 2nd team under the Police Sub-Inspector Special Operation Group, 3rd team under the Police Sub-Inspector parole furlough (AHTU UNIT) and Staff members, 4th team under the Police Sub-Inspector Traffic Unit and staff members, 5th team under the one Police Inspector in Limdi Division and staff members, 6th team under the Police Sub-Inspector Technical Cell. 2.18 The Police Sub-Inspector Shri P.R. Sonara, Traffic Cell, Surendranagar have personally visited at Agra with information and annexed photos of accused and victim girl. They have visited Holly Public Shchool and recorded the statement of Principal Shri Garima Yadav. 2.19 On 28.12.2018 unknown cell were received of complainant number who alleged that he was some important information of accused and victim girl any demanded Rs. 5,000/- to be deposited his account. This information was passed by complainant to the officer after receiving such information and traced his last location. 2.20 During the conducted investigation the CCTV Footages was captured in Ahmedabad and Delhi were victim was voluntarily walking with accused.” 6. 5,000/- to be deposited his account. This information was passed by complainant to the officer after receiving such information and traced his last location. 2.20 During the conducted investigation the CCTV Footages was captured in Ahmedabad and Delhi were victim was voluntarily walking with accused.” 6. We fail to understand why should the writ applicant, being the father of Nidhi, pray for a writ of habeas corpus, as the case is altogether different. The case is that the respondent no. 4 is a hard core criminal and is in the habit of luring and kidnapping young girls. His case is that till this date the police has not been able to make any headway in the investigation of the First Information Report lodged by him as regards his missing daughter. In such circumstances his prayer should have been for an appropriate direction to the Investigating Officer in this regard. 7. We, however, do not want to go into further technicalities, because the matter is extremely serious. It is very unfortunate that the State police has not been able to make any headway in the investigation. The State police, as on date, has practically no clue where the respondent no. 4 is and what is the condition of Nidhi. Mr. Mangukiya, the learned counsel appearing for the writ applicant, submitted that according to his information, the respondent no. 4 is somewhere in Nepal. However, despite bringing such fact to the notice of the Investigating Officer, no steps have been taken by the investigating agency to visit Nepal or to take up the issue with the police of Nepal. Nidhi is just not one solitary victim of the respondent no. 4. As pointed out above, the respondent no. 4 appears to be a maniac. At any cost, the respondent no. 4 should be arrested and Nidhi should be saved at the earliest. If there are other innocent girls in the captivity of the respondent no. 4, then investigation in that direction should also be carried out. We do not say for a moment that the State police has not made any efforts, but at the same time the fact is that the State police has not been able to get any clue and reach to any appropriate conclusion. 8. 4, then investigation in that direction should also be carried out. We do not say for a moment that the State police has not made any efforts, but at the same time the fact is that the State police has not been able to get any clue and reach to any appropriate conclusion. 8. In such circumstances referred above, we are of the view that the investigation needs to be intensified and it needs to be carried out in a more planned and strategic manner. Therefore, we are of the view that we should entrust the investigation to be carried out by the C.B.I. 9. We are conscious of the settled law that if a citizen, who is a de facto complainant in a criminal case alleging commission of a cognizable offence affecting violation of his legal or fundamental rights, prays before a High Court for a direction of investigation of the said alleged offence by the C.B.I. such prayer should not be granted on mere asking. 10. The Constitutional Bench of the Apex Court in the case of State of West Bengal and Others vs. Committee for Protection of Democratic Rights, West Bengal, (2010) 6 SCC 571, has made the following observations pointing out the situations where the prayer for investigation by the C.B.I. Should be allowed: “In so far as the question of issuing a direction to the C.B.I. to conduct investigation in a case is concerned, although no inflexible guidelines can be laid down to decide whether or not such powers should be exercised, but time and again it has been reiterated that such an order is not to be passed as a matter of routine order merely because a party has levelled some allegations against the local police. This extraordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instill confidence in investigations or where the incident may have national or international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights. Otherwise the C.B.I. would be flooded with large number of cases and with limited resources, may find it difficult to properly investigate even serious cases and in the process lose its credibility and purpose with unsatisfactory investigations.” (Emphasis supplied) 11. Otherwise the C.B.I. would be flooded with large number of cases and with limited resources, may find it difficult to properly investigate even serious cases and in the process lose its credibility and purpose with unsatisfactory investigations.” (Emphasis supplied) 11. In the above decision, it was also pointed out that the same Court in Secretary, Minor Irrigation and Rural Engineering Services, U.P. vs. Sahngoo Ram Arya and Another, (2002) 5 SCC 521 , had said that an order directing an enquiry by the C.B.I. should be passed only when the High Court, after considering the materials on record, comes to the conclusion that such material does disclose a prima-facie case calling for an investigation by the C.B.I. or any other similar agency. The materials in the case on hand do disclose more than a prima-facie case calling for an investigation by the C.B.I. 12. In view of the above, we direct that the investigation of the First Information Report bearing C.R.I. No. 65 of 2018, registered with the Chotila Police Station, Dist: Surendranagar, shall be carried out by the C.B.I. Gandhinagar. The Police Inspector of the Chotila Police Station, Dist: Surendranagar, is directed to forward all the papers of the investigation in respect of the First Information Report concerned to the C.B.I. Gandhinagar. The C.B.I. Gandhinagar, shall take over the investigation at the earliest and see to it that the respondent no. 4 is arrested immediately. Nidhi should be found out at any cost. It is going to be a very challenging investigation for the C.B.I. but the C.B.I. is known for such challenges and, therefore, this Court expects the C.B.I. to live upto its expectation. The case, prima-facie, is one of human trafficking. The investigation should be taken up by the C.B.I. very seriously. One does not know in what condition the daughter of the writ applicant must be as on date. One is not sure whether she is still alive or has been killed. She might have been forced into prostitution, etc. 13. We do not want to close this matter. We would like to monitor the progress in the investigation. 14. In such circumstances, post this matter after four weeks. On the next date of hearing, the C.B.I. shall file an appropriate report as regards the investigation. If the C.B.I. wants to take up the matter with the Interpol, it shall do it at the earliest. 15. We would like to monitor the progress in the investigation. 14. In such circumstances, post this matter after four weeks. On the next date of hearing, the C.B.I. shall file an appropriate report as regards the investigation. If the C.B.I. wants to take up the matter with the Interpol, it shall do it at the earliest. 15. Copy of this order shall be forwarded immediately to the Director of the C.B.I. Gandhinagar.” 3. Thereafter couple of orders came to be passed by this Court, however whereabouts of the girl was not found out. It is to be noted that in the order dated 02nd April, 2019, the Court had handed over the investigation to the C.B.I. and directed it to take it with all seriousness. Various reports came to be tendered by the C.B.I. 4. On 11th March, 2020 an affidavit came to be filed by the petitioner making grievance about nonfinding of the corpus. He also revealed that his daughter has got minor son aged about seven months and he had to travel from pillar to post. 5. On 11th March, 2020 this Court directed the Joint Director, C.B.I. to supervise the investigation. Thereafter on 16th March, 2020 a detailed order came to be passed by this Court emphasizing on the ratio of the Apex Court in Bachpan Bachao Andolan vs. Union of India, is profitably reproduced herein: “1. This Court on 11.03.2020 has passed the following order: “1. Further, affidavit is filed by the petitioner, who is aggrieved by non-finding of the corpus, who happens to be his daughter and is missing since 11.08.2018. A copy of the affidavit has also been given to the learned Additional Public Prosecutor, Mr. Ronak Raval, since, learned Special Public Prosecutor, Mr. Kodekar, is on leave, today. The officer, namely Mr. Ketan Mehta, who is inquiring into the matter had tendered a report, where, he has given the chronology of the events, as to how the CBI is making fanatic efforts to trace the corpus. After hearing the learned Special Public Prosecutor, the Court shall pass other and further orders. 2. S.O. TO 16TH MARCH, 2020. Till then, it is being directed that the Joint Director, CBI, shall supervise the investigation, bearing in mind the numbers of antecedents of the accused and also the manner and nature of commission of crime. After hearing the learned Special Public Prosecutor, the Court shall pass other and further orders. 2. S.O. TO 16TH MARCH, 2020. Till then, it is being directed that the Joint Director, CBI, shall supervise the investigation, bearing in mind the numbers of antecedents of the accused and also the manner and nature of commission of crime. While so doing, it shall bear in mind the decision of the Apex Court in Bachpan Bachao Andolan vs. Union of India and Others, (2015) 13 SCC 39 , where, it has observed and held as under: “68. We have carefully mentioned comprehensive submissions and suggestions given by the learned Solicitor General and others. We plan to deal with the problem of children’s exploitation systematically. In this order we are limiting our directions regarding children working in the Indian Circuses. Consequently, we direct: (i) In order to implement the fundamental right of the children under Article 21A it is imperative that the Central Government must issue suitable notifications prohibiting the employment of children in circuses within two months from today. The respondents are directed to conduct simultaneous raids in all the circuses to liberate the children and check the violation of fundamental rights of the children. The rescued children be kept in the Care and Protective Homes till they attain the age of 18 years. (If it is not convenient to either side to conduct the matter on the next date of hearing, they shall make an alternative arrangement for conducting the matter). The respondents are also directed to talk to the parents of the children and in case they are willing to take their children back to their homes, 63 they may be directed to do so after proper verification. (iv) The respondents are directed to frame proper scheme of rehabilitation of rescued children from circuses. (v) We direct the Secretary of Ministry of Human Resources Development, Department of Women and Child Development to file a comprehensive affidavit of compliance within ten weeks.” 3. Noticing the age of the corpus so also the age of the accused, it is EXPECTED that intensive search and investigation on the part of the CBI shall be carried out.” 2. (v) We direct the Secretary of Ministry of Human Resources Development, Department of Women and Child Development to file a comprehensive affidavit of compliance within ten weeks.” 3. Noticing the age of the corpus so also the age of the accused, it is EXPECTED that intensive search and investigation on the part of the CBI shall be carried out.” 2. Pursuant to the order passed by this Court, today, the action taken report has been submitted by the Police Inspector, Special Crime Branch, CBI through the learned Special Public Prosecutor where the extensive efforts made for searching the corpus have been detailed, which we deem appropriate not to reproduce for the purpose of ensuring that they do not get revealed so as to jeopardise the possibility of finding the accused and the corpus bearing in mind the fact that in August, 2018 the convict Dhaval Trivedi, who has alleged to have taken away the girl has absconded after he was granted the furlough leave, the CBI has taken over in the month of May, 2019 and investigation has continued at the level of Police Inspector. 3. Although, much efforts have been done as submitted by the learned Special Public Prosecutor and in the last report, which has been submitted to us also, we noticed that concerted efforts are on. It is high-time, for now some senior officer should step-in and investigate. He may decide his own team of officers which can also include the present officer, who has already investigated or in the alternative, he may chose his own team for the said purpose. 4. Noticing the fact that the person alleged is having many criminal antecedents and is already a convict. Bearing in mind his criminal bent of mind and inclination of committing such nature of crime, let intensive and concerted efforts be made to find the corpus. 5. We have also in last order emphasised on the decision of the Apex Court rendered in case of Bachpan Bacho Andolan vs. Union of India, (2015) 13 SCC 39 , where the Court has essentially emphasised on the right of the children and need to protect them from being trafficked in inhuman way. Also, bearing in mind the plight of those victims who no longer are children, but have been the victim of such crimes, this investigation shall continue. 6. Also, bearing in mind the plight of those victims who no longer are children, but have been the victim of such crimes, this investigation shall continue. 6. Let all possible attempts be made to coordinate with the senior officers of the neighboring States and of those States where the convict and the corpus are said to have moved. 7. Stand Over to 03.04.2020. 8. In the event of the corpus being found earlier, the officer shall be at liberty to present her before this Court even unscheduled.” 6. On 08th June, 2020, learned counsel appearing for C.B.I. moved an application before this Court stating therein that in compliance of the order dated 02nd April, 2019, C.B.I. A.C.B. Gandhinagar, has registered a case vide F.I.R. No. RC-0292019S0008/CBI/ACB/ Gandhinagar dated 01st May, 2019 under Section 366, IPC and took over the investigation of I-C.R. No. 65 of 2018 registered with Chotila Police Station, District Surendranagar. It is the say of the C.B.I. that during the investigation, they got the information that accused visited Nepal and therefore, they have forwarded information to different schools in Nepal. Learned counsel for C.B.I. submitted that accused Dhaval Trivedi had travelled in the name of Mukhtiyar Singh and has a medical shop at Gaindikhata, District Haridwar, Uttarakhand. The corpus and the accused separated on account of certain serious dispute and the corpus travelled in the name of Navnidhi Kaur from Haridwar to Ahmedabad in the first week of March, 020 and C.B.I. located her with the help of Gujarat Police. C.B.I. also received a telephonic call from Mr. Mukesh Khakkhar on 06th Jun, 2020 informing C.B.I. of arrival of his daughter to his residence. After receipt of such information, team of C.B.I. visited the residence of the petitioner and also met the corpus. She informed about her movements till date. She also informed that she came to Chotila from Muzaffarabad, Bihar with the help of someone. She got the train of Muzafarabad and met the said person who gave shelter to the corpus during March, 2020. After easing of lockdown, she requested him to drop her at home. 7. It is stated that she is at her residence at present with her parents and wants to live with the parents. Therefore, a request has been made to grant a suitable date for production of the corpus. 8. We have heard learned advocate Ms. After easing of lockdown, she requested him to drop her at home. 7. It is stated that she is at her residence at present with her parents and wants to live with the parents. Therefore, a request has been made to grant a suitable date for production of the corpus. 8. We have heard learned advocate Ms. Bela Prajapati for the petitioner and learned counsel Mr. Kodekar for C.B.I. According to Ms. Prajapati, the corpus has come on her own and not account of any efforts of C.B.I. She agrees that corpus has joined the parents and so far as petitioner is concerned, no grievance now is left on account of return of the corpus. She however urges that the convict Dhaval Trivedi is hiding himself as a Shikh and on finding opportunity, he may leave the country. He has exploited the corpus and he is a convict and needs to be undergone life imprisonment as per the punishment already imposed. Therefore, she urged that necessary directions may continue to nab the accused. 9. Learned counsel Mr. Kodekar urged that it is on account of concerted efforts made by the C.B.I. the corpus has chosen to return to her family. He is conscious of the fact that Mr. Dhaval Trivedi is a convict and is avoiding his arrest since long time. Learned counsel also further urged that this man is known for exploiting minor girls and intimation was also given to Nepal administration since the accused was once seen in Nepal. According to learned counsel, all possible steps have been taken to trace the accused. According to C.B.I. Ludhiana police had seen him at Nanaksar, however he left the said place before the police reached there. Police at Ludhina is keeping close watch on the movement of the accused Dhaval Trivedi and in all likelihood, the accused would be arrested. Learned counsel for C.B.I. also urged that all possible attempts are made to nab the accused like (i) Police Commissioners of all major cities are intimated, (ii) Superintendent of Police of all the Districts are also intimated, (iii) intimation was given to INTERPOL, (iv) intimation was given to Immigrant authorities at all the Airports and (v) even a blue corner notice is also issued. 10. Being in touch with the victim-corpus, more details also can be dug out which shall be useful for finding out the person concerned. 11. 10. Being in touch with the victim-corpus, more details also can be dug out which shall be useful for finding out the person concerned. 11. Considering the fact that now the corpus is with parents residing with them, instead of making her pass through the procedural ordeal, let that exercise be not done as the corpus is with the parents and is living with them. We could have asked the corpus to remain present through video conference, however, learned advocate appearing for and on her father’s behalf has confirmed that she is with her parents and hence, such requirement may not be insisted upon. So far as arrest of the accused is concerned, let the C.B.I. continue the investigation in that regard as there is a strong possibility of the accused indulging into more such natured crime and again, it is also not to be forgotten that he is convict of life imprisonment. The inquiry is also necessary as to how surety was taken by the jail authority of a jail inmate. Let that be inquired by the I.G. (Prisons) and necessary action can be taken if any erring officer is found, after following the due procedure. 12. While parting, we would remind the C.B.I. of our order dated 02nd April, 2019 and subsequent orders where the emphasis has been laid on the modus adopted by the convict of luring young girls and the reposing faith in C.B.I. investigation and swift action. It has been selected as an agency to complete this task efficiently and expeditiously. Even though the corpus has returned to her parents, for arresting the convict, C.B.I. shall continue to tirelessly endeavour. Let the periodical report be submitted to the Registrar General of this Court every eight weeks and such report shall form the part of the record of this matter and if at the end of six months, where-about of the accused-convict is not found, Petitioner shall be at liberty to move this court requesting for further directions in this regard. We also add here that corpus has one year old child with her and as per the say of the learned advocate Ms. We also add here that corpus has one year old child with her and as per the say of the learned advocate Ms. Prajapati, corpus was constrained to carry the child in her womb although she was desirous to abort the child, however, now she is willing to give away the child to the Orphanage and hence, the learned advocate stated that she would have requirement of assistance from administration. At this stage, learned counsel Mr. Kodekar ensured that necessary assistance will be rendered to the corpus. If the corpus is so desirous, let the same be communicated to the learned Counsel of C.B.I. within eight weeks. 13. Registry is directed to place this order on the record of Criminal Appeal No. 1831 of 2018 preferred by the convict Dhaval Trivedi against the judgment and order of conviction and life imprisonment in the Sessions case under the POCSO Act. 14. With this, the petition is disposed of. A copy of this order shall be sent to learned counsel for the C.B.I. for onward communication.