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2010 Supreme(Guj) 391

BANKIM N.MEHTA, A.M.KAPADIA
Kapildev Balusa Verma – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. Manan A. Shah, for the Applicant No. 1.
Mr. D.C. Sejpal, Addl. Public Prosecutor, for the Respondents No. 1 – 3.
Notice Not Recd Back, for the Respondents No. 4 - 7.

Judgment

A.M. Kapadia, J.—Rule. Mr. Sejpal, learned APP appears and waives service of notice of Rule on behalf of Respondent Nos. 1 to 3. Other respondents need not be served as the corpus Pooja is found out and produced before the Court.

2. By filing instant petition under Article 226 of the Constitution of India, the petitioner has prayed to issue writ of Habeas Corpus or in the nature of Habeas Corpus or any other appropriate writ, direction and/or order directing Respondent Nos. 2 to 7 to produce before this Court her daughter Pooja, who is in illegal detention of Respondent No. 4 and handover her custody to him.

3. This Court vide order dated 26.5.2010 issued Notice, which was made returnable on 28.5.2010. Thereafter, the matter was adjourned from time to time, as the corpus Pooja could not be traced out and produced before the Court.

4. Today when the matter is called out, Mr. Shivanand Jha, Police Commissioner of Surat City, Mr. Siddharth Khatri, DCP, Zone 1, Surat and Mr. L.B. Zala, PI, Limbayat Police Station, Surat are personally present before the Court. Mr. L.B. Zala states that the other Police Officer of Limbayat Police Station has found out the corpus Pooja from Gaya, Bi










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