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2016 Supreme(Guj) 1471

HARSHA DEVANI, BIREN VAISHNAV
Veljibhai Bhanabhai Prajapati – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Asifkhan I. Pathan, Advocate
For the Respondents: Nisha Thakore, Additional Public Prosecutor

JUDGMENT :

Harsha Devani, J.

1. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner seeks a writ of habeas corpus directing the second respondent Police Inspector, Palanpur city (West) Police Station to produce the corpus of the minor daughter of the petitioner, namely, Manisha aged about 16 years from the custody of the respondents No. 3 and 4.

2. The facts, as averred in the petition, are that the petitioner is a very poor person doing the job of a mason and earning his livelihood as a daily wager. Manisha is the elder of the petitioner's two daughters and was studying in Smt. Rajiba Kalidas Patel H.S. Kanya Vidhyalaya, however, she was required to leave her studies on 4.5.2015 on account of misbehaviour and harassment by the third respondent. It is the case of the petitioner that on 28.4.2016 in the morning at about 10.00 a.m., his minor daughter Manisha had been abducted by the third respondent and, therefore, he had lodged a first information report against the third respondent under sections 363 and 366 of the Indian Penal Code and sections 4 and 10 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the


































































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