(Per : HONOURABLE MR.JUSTICE A.M.KAPADIA) 1 By means of filing this petition under Article 226 of the Constitution, the petitioner has prayed to issue appropriate writ, order or direction in the nature of Habeas Corpus and direct the respondent No.5-Police Inspector, Odhav Police Station, Odhav, Ahmedabad, to produce the minor daughter of the present petitioner - Sadhuri from the custody of Respondent Nos. 2 to 4 before this Hon'ble Court.
2. It is, inter alia, stated by the petitioner in the petition that he is residing at the address shown in the cause title with his family, which consists of five daughters and one son. His daughter Sadhuri, who is aged about 16 years, used to attend classes every day and on 02.12.2009, as usual, she went to the classes and did not return till evening and therefore inquiries were made but she was not found. A complaint was made to Odhav Police Station, which was registered as Janva Jog Entry No. 243 of 2009.
It is further averred in the petition that he was also in constant efforts to find out his missing daughter Sadhuri and he came to know that one Santosh Shah, who was in contact with the daughter of the petitioner, took her with him. Therefore, he filed the complaint before the Odhav Police Station for the offences punishable under Sections 363 and 336 of the Indian Penal Code.
It is further contended in the petition that sufficient period has passed but the respondent No.5 did not trace out his missing daughter and, therefore, he filed a Criminal Misc. Application No. 277 of 2010 before the learned Judicial Magistrate, First Class (Rural), Ahmedabad, on 15.2.2010 under Section 97 of the Criminal Procedure Code. The learned JMFC issued search warrant and also directed the Respondent No.5 to produce the missing daughter of the petitioner, however, the respondent No.5 filed a report on 6.5.2010 stating that the daughter of the petitioner and other accused persons are not found at the address.
It is also stated in the petition that his minor daughter is illegally detained by respondent No.4 since December, 2009 against her wish and will and respondent Nos.2 and 3 are helping the respondent No.4 in his illegal act. Lastly, it is averred in the petition that sufficient period has passed, but, still the minor daughter of the petitioner was not traced out by respondent No.5. It is, therefore, prayed for the relief to which the reference is made in the first paragraph of the judgment.
3 This Court, vide order dated 09.08.2010, issued Rule and respondent No.5 Police Inspector, Odhav Police Station, was directed to trace out the corpus Sadhuri, who is in illegal detention of respondent No.4 Santosh Jawahir Shah and produce before this Court on the next date of hearing.
4 Thereafter, vide order dated 26.08.2010, matter was adjourned as the corpus was not traced out.
5 Today, when the matter was called out, Mr. H.N. Jani, learned APP for the respondent No.1 State of Gujarat states that a team consisting of Police Officers, headed by PSI, Odhav Police Station, was sent to Jharkhand, to trace out the corpus. The Police Officer has traced out the corpus Sadhuri, who was in illegal detention of respondent No.4 Santosh Jawahir Shah, who flee away on seeing the police officers and, therefore, they have procured the custody of corpus from the house of respondent No.4 at Jharkhand and she has been produced before this Court with the assistance of woman Police Constable.
6 We have considered the submissions advanced by Mr. B.H. Solanki, learned Advocate for the petitioner and Mr. H.N. Jani, learned AGP for respondent No. 1 State of Gujarat and respondent No.2 Police Inspector, Odhav Police Station, Odhav. We have also perused the averments made in the petition.
7 We have also ascertained the wish and willingness of the corpus by putting some questions to her. She has, in unequivocal terms, stated before us that she is aged about 16 years and her date of birth is 01.04.1994. The said fact is also fortified by the birth certificate produced by the petitioner along with the petition. She has further stated that the respondent No.4 has forcibly taken her to Jharkhand by giving threats and inducement as well as against her will. She has also stated that respondent No.4 has committed rape upon her against her will. She further stated that she wants to go with her parents i.e. the petitioner Maheshlal Babulal Sharma, who is present in the court.
8 In view of the aforesaid statement, since corpus Sadhuri is below 18 years of age and she was illegally detained by respondent No.4, from whose custody, she got free with the assistance of police personnel from Ahmedabad and she has expressed her willingness to go with her parents, we permit her to go to her parents house and the petitioner who is present in the court along with his wife is permitted to take his minor daughter Sadhuri with him.
9 Seen in the above context, instant Habeas Corpus Petition deserves to be allowed by granting the prayer made therein.
10 For the foregoing reasons, the petition succeeds and accordingly it is allowed. Petitioner is permitted to take corpus minor girl Sadhuri with him. Rule is made absolute.
11 While parting, we place it on record the appreciations for the efforts made by the police officers of Odhav Police Station, Ahmedabad, to find out the corpus from Jharkhand. It is expected of the police officers that if any FIR is registered against the respondent No.4, the same may be investigated thoroughly by adding the offence under Section 376 of the Indian Penal Code, if it is not mentioned in the FIR and arrest the respondent No.4 accused in view of the statement made by the corpus, and on completion of the investigation, necessary charge sheet shall be filed against the respondent No.4 accused at the earliest.
(A.M.KAPADIA, J.) (J.C.UPADHYAYA, J.) pnnair Top