Ashaben Kishorbhai Solanki vs State Of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Guj) 1598

UMESH A. TRIVEDI, CHEEKATI MANAVENDRANATH ROY
Ashaben Kishorbhai Solanki – Appellant
Versus
State Of Gujarat – Respondent

Advocates:
Advocate Appeared
For the Parties : MR GIRISH M DAS, MR RONAK RAWAL, APP

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE UMESH A. TRIVEDI)

1. This petition under Article 226 of the Constitution of India is filed praying for a Writ of Habeas Corpus directing respondent police authorities to produce the corpus i.e. husband of the petitioner who is missing since last about 7 months according to the petitioner.

2. While praying for a Writ of Habeas Corpus, a copy of application addressed to the Superintendent of Police, Kachchh at Bhuj dated 03.01.2024 from Bhavnagar by the petitioner wife stating that on 07.07.2023 her husband went missing from gate of Mundra Port. It is further asserted that despite Mundra Police being informed and telephoned repeatedly, they have not inquired into it. She has raised suspicion that they have not inquired whether he is alive or dead. She has complained about Mundra Police not providing any assistance to her.

3. When petition came up for hearing, we asked Mr. Das, learned advocate for the petitioner whether in absence of any assertion, either in her application made to the police or in the petition with regard to any illegal confinement of her husband by anyone, can this Court entertain a petition seeking a Writ of Habeas Corpus or no

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