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2021 Supreme(Online)(Guj) 3576

GUJARAT HIGH COURT
R.M.CHHAYA, N.V.ANJARIA, JJ
DINESHBHAI RUSTAMBHAI KHALIFA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MR MA KHARADI, UMARFARUK M KHARADI
For the Respondents: MS JIRGA JHAVERI, APP

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

The present was a petition seeking writ of habeas corpus. It was filed by one Dineshbhai Rustambhai Khalifa seeking direction against District Superintendent of Police, Ahmedabad Rural, Ahmedabad and Police Sub Inspector, Bavla Police Station, Ahmedabad Rural, to produce the corpus – the daughter, aged about 15 years at the time of filing of the petition, of the petitioner and thereafter to hand over the custody as per her wish.

2. It was the case that daughter of the petitioner was doing household work as well as working as beautician. On the day of incident, since the daughter was not found at home, upon inquiry, the petitioner-father came to know that respondent No.4 who was in contact with her daughter was also missing. It was alleged in the petition that respondent No.4 had forcibly taken away and abducted the minor daughter of the petitioner under the pretext of performing marriage. A police complaint was also lodged. Since the corpus had been missing since 25th May, 2019 and no progress was achieved by the police pursuant to the complaint lodged by the petitioner, this petition came to be filed on 29th July, 2019.

3. This Co

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