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2023 Supreme(Guj) 310

SONIA GOKANI, MAUNA M. BHATT
Sureshbhai Mangaji Padhiyar – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr. N M Kapadia

JUDGMENT :

Sonia Gokani, J.

1. This is a petition preferred under Article 226 of the Constitution of India by the applicant, who seeks issuance writ of habeas corpus or another appropriate writ for obtaining the custody of his son Falgun, who is illegally confined and detained by respondent No.5, who happened to be the Police Inspector of Meghaninagar police station.

2. Facts in nutshell are presented in the following factual background:

2.1 Brother of the corpus was arrested and detained in the custody of Meghaninagar police station as a preventive measure by the police officer as per section 151 of the Code of Criminal Procedure. The corpus was picked up from his vicinity on 29.06.2020 and was made to stay in the lock up for the entire night. It is alleged that he was subjected to police brutality and custodial violence. On the next day i.e. on 30.06.2020 he was presented before the learned Magistrate and was bailed out with other individuals, who were detained. The complaint was made to the learned Magistrate about the custodial violence and the torture committed by the police personnel of Meghaninagar. On hearing the grievance, the learned Magistrate had directed the Chief Medical

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