ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. Rule. Learned APP waives service of rule for the respondent-

State.

2. The order passed by this Court on 31.12.2020, reads thus:

“Heard learned Advocate Shri Kishore Prajapati for the applicant and learned APP Ms. Jirga Jhaveri for the respondent No.1 -State.

Notice returnable on 12.01.2021. Learned APP Ms. Jirga Jhaveri waives service of Notice on behalf of the respondent No.1 – State. Notice to be served to the private respondents through the concerned Police Station.

In the meanwhile, if the corpus is traced out by the Police Authorities then she may be produced before the nearest available District Court, who will make endeavour to connect with this Court via Video Conferencing. In case the corpus is not traceable, the concerned Authority shall report to this Court about the status of the investigation. It is directed that since there appears to be an allegation made by the applicant that the corpus I.e. mother of the applicant is not traceable after she had been called at Bhiladi Police Station to record her statement, the respondent No.2 herein I.e. District Superintendent of Police, Banaskantha is directed to inquire into the said allegation and report to this Court.

Registry is directed to communicate this order through Email to the concerned respondents forthwith.”

3. A report, thereafter, was tendered by the DSP, Palanpur, Banaskantha, giving minute details, since, the corpus was not available on 12.01.2021. Thereafter, on 27.01.2021, the order passed by this Court, reads as under:

1. The corpus is produced before this Court, in the petition under Article 226 of the Constitution of India seeking following reliefs, through video conference, arranged at the District Court, Palanpur, Banaskantha:

“9. …

(A) Your Lordships may be pleased to issue a writ or Habeas Corpus or any other appropriate writ, order or direction, directing the respondent Nos. 2 and 3 to produce corpus Shardaben before this Hon’ble Court and further the Hon’ble Court may be pleased to set herself free from illegal confinement of private respondents.

(B) During the pendency and final disposal of this petition, Your Lordships may be pleased to direct the respondent authorities to submit action taken report and to produce corpus Shardaben before this Hon’ble Court.

(C) ...”

1.1 According to the corpus, because of the threat experienced at the hands of respondent Nos. 4 to 9, she had left the home. Local Crime Branch officials found her, on her own, as submitted by the Mr. Solanki. According to him, there are various litigations going on between the parties, the details of which, he has already placed on record.

2. Office to PLACE hard copies and all other materials on the file and to place before this Court, on the next date.

3. The son of the corpus, namely Ramesh Thakor, is also present at the District Court, Palanpur, and she is desirous to join him. She is PERMITTED to go with her son. However, she shall remain present before this Court through video conference, on the next scheduled date.

4. S.O. to 3RD FEBRUARY, 2021.

4. On 03.02.2021, the corpus was produced before us through video conference and the order passed by this Court, reads as follows:

“1. The affidavit-in-reply on behalf of the respondent Nos.4 to 9 is tendered before the Court.

2. Today, the corpus is presented through the video conference arranged from the District Court, Palanpur in presence of learned 6 th Additional District Judge, Mr. Mogera. She has many grievances, more particularly with regard to the land of hers, of which she has been dispossessed. There are rival claims and chequered history of litigation. Let everything be produced before the Court through Local Crime Branch, Palanpur.

3. Learned Judge, Mr. Mogera shall also let us know the status and apprise the Court of other civil and criminal litigations pending before the Courts at District Banaskantha.4. Since the corpus is present with her son, let there be in no manner any diff