(Per : HONOURABLE MR.JUSTICE A.L.DAVE) Heard learned Advocate Mr.V M Pathan, for the petitioner, learned APP, Mr.Kodekar, for respondent - State and learned Advocate Mr.Patel, for respondents No.4 to 11.
2. It transpires that the corpus is married daughter of the petitioner and she left the house of the petitioner alongwith her child. It is alleged that she left with certain ornaments and other belongings. At that time, there was no allegation of involvement of respondent No.3. It also transpires that proceedings under Section 97 of the Code of Criminal Procedure have been initiated before the learned JMFC, Sanand, which is pending. No FIR for kidnapping or abduction is lodged. Police is not approached till date for missing of the girl.
3. In light of above developments when Section 97 proceedings are pending and when the first case of the petitioner is that girl has left the house with her child and certain belongings, and when the corpus is major, we are of the view that writ of habeas corpus against respondents No.4 to 11 cannot be issued. Hence, the application stands dismissed. Notice discharged.
(A L DAVE, J.) (N V ANJARIA, J.) sompura Top