IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 12017 of

2025 ==========================================================

LAKSHMANBHAI HIRABHAI PATADIA Versus STATE OF GUJARAT & ORS.

==========================================================

Appearance:

MR. AMMAR SAIYED(17184) for the Applicant(s) No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 2 NOTICE SERVED BY DS for the Respondent(s) No. 3 NOTICE SERVED TO CONCERNED POLICE STATION HOWEVER, SERVICE REPORT NOT FILED BY POLICE STATION for the Respondent(s)

No. 4 MS VRUNDA SHAH, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY and HONOURABLE MR.JUSTICE D. M. VYAS Date : 23/09/2025

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)

This petition under Article 226 of the Constitution of India for habeas corpus is filed by the petitioner seeking direction to the respondents-police officials to produce the corpus who is his minor daughter aged about 15 years 3 months and 20 days before the Court and then to pass appropriate order according to law.

The petitioner is the father of the corpus by name Komal Lakshmanbhai Patadia who is a minor aged about 15 years 3 months and 20 days. Is is stated that 4^th respondent has kidnapped her on 03/08/2025 on the pretext of marrying her. As she was not found even after thorough search by the petitioner, he has lodged a report with Dasada Police Station and the police registered the said report as an FIR on 05/08/2025. As the police could not found the whereabouts of the minor girl and as the police also could not arrest the 4^th respondent, the petitioner has approached this Court by way of filing this petition seeking aforesaid reliefs.

On 04/09/2025, a Co-ordinate Bench of this Court while ordering notice to the respondents, directed to produce the corpus before the Court on 11/09/2025.

Pursuant to the said direction, the corpus is produced before the Court today.

Learned APP Ms. Vrunda Shah made a mention before the Court today morning stating that the corpus is now produced before the Court and requested to take up the matter. The request is accepted and the matter is taken up today.

We have interacted with the corpus personally in isolation in our chamber today. She has stated that she is in love with the 4^th respondent and she has voluntarily accompanied him and went away with him from the custody of her parents and at her instance only that the 4^th respondent has taken her with him. She further stated that both of them are now living in a rented house at village Laskana near Surat and she has been living voluntarily with him.

To a question, whether she would like to accompany her father who is the petitioner who is now present in the Court and live with her parents, she refused to accompany her father and live with her parents. She clearly stated that she intends to marry 4^th respondent and live with him. When she was persuaded to accompany her father and live with her parents, she stated that if her father withdraws the case that was registered against the 4^th respondent and if he is released from the custody of the police that she would accompany her father on further condition that her father should perform her marriage with the 4^th respondent.

We have also permitted petitioner who is her father and her grand mother who are present in the Court today to interact with the corpus in our presence and in the presence of the counsel for the petitioner and learned APP. She has imposed the same condition to accompany her father and live with them. The petitioner declined to perform her marriage with 4^th respondent stating that he belongs to a di and he is addicted of vices like consuming alcohol and that he is a man of bad conduct.

As the corpus refuses to accompany her father and live with her parents, even though she is a minor and her parents being the lawful guardians are enti