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

9179 of 2025 ==========================================================

ILABEN BHAVESHBHAI KAGASHIYA @ OAD Versus STATE OF GUJARAT & ORS.

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Appearance:

MR. CHIRAG B AYDI FOR MR. MAULIK M SONI(7249) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2,3,4 MS VRUNDA SHAH, ADDL. PUBLIC PROSECUTOR 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)

1. This writ petition under Article 226 of the Constitution of India is filed seeking issuance of writ of Habeas Corpus directing the respondent/police authorities to produce the corpus who is a minor girl by name Patel Radhaben Bhaveshbhai Kagashiya alias Oad, who is aged about 15 years 7 months.

2. The writ petitioner is the mother of the corpus. As per the case pleaded by her, the petitioner is a labourer working in brick kiln. The 4^th respondent is also a labourer working in the same brick kiln and he is closely associated with the husband of the petitioner, who is the father of the corpus. It is stated that on 04.06.2025, the respondent no.4 visited the house of the petitioner and he has abducted the corpus and since then, the petitioner is apprehending danger to the life of the corpus. Therefore, she sought direction to respondents/police officials to trace the corpus and to produce her before the Court and then to pass appropriate order according to law.

3. Earlier, a co-ordinate bench of this Court has directed the respondent/police officials to produce the corpus before the Court. Pursuant to the said direction, the police have produce the corpus before the Court today. Learned APP Ms. Vrunda Shah on instructions submits that when the police made efforts to find out the whereabouts of the corpus, they found both the corpus and the respondent no.4 in a hotel in Ahmedabad and it is stated that both of them have been working in the said hotel. She further submits that the police have immediately arrested the respondent no.4 and have also registered an FIR against him and the said case is under investigation and respondent no.4 is also being produced today before the concerned Magistrate seeking his remand. It is submitted that the police have been following the due process of law as regards the respondent no.4 is concerned, who is now under arrest.

4. After the corpus is produced before the Court today, we have interacted with the corpus personally in isolation in our chamber. Admittedly, the corpus is a minor girl aged about 15 years 7 months as on date of filing the writ petition. When questioned, she unequivocally stated that she accompanied the respondent no.4 from the house of her parents and thereafter, both of them have been working in a hotel in Ahmedabad and that yesterday, i.e., on 22.09.2025, the police visited the hotel and took the respondent no.4 into custody and that they have produced her today before the Court. When we have specifically questioned her whether she is now willing to stay with respondent no.4, she has clearly and unequivocally stated that she is not willing to accompany him and stay with him. On the other hand, she has clearly stated that she would accompany the petitioner, who is her mother and she is willing to stay with her parents. To a pointed question whether she has voluntarily taken a decision to go with her parents and stay with them and whether there is any compulsion on her part or whether anyone has forced her to stay with her parents, she clearly stated that none has forced her to stay with her parents and there is no compulsion on her in taking the decision and that she has voluntarily taken a decision to stay with her parents.

5. As the corpus is a minor girl aged about