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2022 Supreme(Ker) 809 ; 2022 Supreme(Ker) 873

ALEXANDER THOMAS, SOPHY THOMAS
Vipin Das, S/o. Dassan Das – Appellant
Versus
Station House Officer – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M/S. K.B.ARUNKUMAR & POOJA K.S.
For the Respondent: M/S.P.K.SAJEEVAN, JINISHLAL S.B., RADHAKRISHNAN B.
SRI. E.C.BINEESH, PUBLIC PROSECUTOR

JUDGMENT :

ALEXANDER THOMAS, J.

The prayers in the afore captioned Writ Petition (Criminal) seeking for Habeas Corpus are as follows:

    “i. Issue a writ of Habeas Corpus or any other appropriate writ, order or direction commanding the respondents 2 to 4 to produce the body of Miss. Vaishnavi Vipin, aged 4 years, D/o. Vipin Das, 27, Ranchhod Nagar-1, Godhra Road, Halol, Panchmahals, Gujarat before this Hon'ble Court and set her at liberty.

ii. Dispense with filing of the translation of vernacular documents and

iii. Such other order or direction deems fit and proper for this Hon'ble Court in facts and circumstances of the case.”

2. Heard Sri.K.B.Arunkumar, learned counsel appearing for the petitioner, Sri.E.C.Bineesh, learned Prosecutor appearing for official respondent No.1 and Sri.P.K.Sajeevan, learned counsel appearing for contesting respondents 2 to 4.

3. The case set up in the above Writ Petition (Criminal) is to the effect that the petitioner had married the daughter of R-2 & R-3 (who is also the sister of R-4) on 14.12.2016. A girl child viz. 'Vaishnavi Vipin' was born to the above couple on 28.11.2018, as evident from Ext.P-1 Birth Certificate. The petitioner's parents have been sett

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