SCR.A/8376/2022 of VIRENDRA RAMDHARI YADAV Vs STATE OF GUJARAT on 30 December 2022

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION NO. 8376 of 2022

==========================================================VIRENDRA RAMDHARI YADAV VersusSTATE OF GUJARAT

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Appearance:DR BALRAM D JAIN(3146) for the Applicant(s) No. 1NOTICE SERVED for the Respondent(s) No. 2,3MS MAITHILI MEHTA, APP for the Respondent(s) No. 1==========================================================

CORAM:HONOURABLE MR. JUSTICE A.J.DESAI

andHONOURABLE MR. JUSTICE NIRAL R. MEHTA

Date : 30/12/2022 ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

By way of present petition filed under Article 226 of theConstitution of India, the petitioner namely Virendra RamdhariYadav, father of the Corpus namely Sapna Virendra Yadav, hasprayed to issue a writ in the nature of Habeas Corpus allegingthat his daughter, at present aged about 16 years and 3 months,is missing and has been illegal detained. An FIR being C.R.No,11210002221708 was registered with Sachin G.I.D.C. PoliceStation, Surat on 18.05.2022. Since, his daughter was missingand the police authority could not trace out her, present petitioncame to be filed.

The matter was listed on several occasions. Lastly, it waslisted on 29.11.2022 and the order was passed by this Courtdirecting the Deputy Commissioner of Police, Surat havingjurisdiction over Sachin Police Station to look into the matter and the matter was adjourned to 22.12.2022. Affidavit was filedby the Deputy Commission of Police, Zone – VI, Surat City on22.12.2022 and on 22.12.2022, the matter was adjourned to24.01.2023.

A request was made by learned APP Ms. Maithili Mehtathat the police authority has traced out the Corpus and theRegistry was asked to list this matter for hearing. Hence, presentpetition is listed on board today.

Dr. Balram D. Jail, learned advocate for the petitioner, wasinformed. Accordingly, he also remained present before thisCourt.

The matter was taken up for hearing in the chamber.

The Corpus namely Sapna Virendra Yadav, whose date ofbirth is 07.09.2006, was brought by Mr. D.K.Solanki, Police SubInspector and Ms. Hetalben Raybhanbhai, Woman Lok Rakshak,Sachin G.I.D.C. Police Station before this Court. On query, theCorpus states that she had left her home on her own Will withJayjayram Pathak and she does not want to go with her father.

The police officers, who are present before this Court, statethat considering the offence and the age of the Corpus,Jayjayram Pathak has been sent to judicial custody.

Considering the age of the Corpus, we hereby dispose ofthis petition with following directions.

The Children Home for Girls, Rander, Surat is herebydirected to have the custody of the Corpus and shall permit theCorpus to live till her wish.

It would be open for the Corpus to inform the ChildrenHome for Girls, Rander, Surat, if she desires to go with herfather.

With the above direction, present petition is disposed of.Notice discharged.

(A.J.DESAI, J)

F.S. KAZI

(NIRAL R. MEHTA,J)