Dineshbhai S/O Thakersibhai ... vs State Of Gujarat

(PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT)

1. Present petition has been filed seeking writ of habeas corpus with following prayers:-

"(A) Your Lordships may be pleased to issue a writ of Habeas Corpus or any other appropriate writ, order of direction directing the respondents No.2 and 3 to produce corpus Hiral before this Hon'ble Court and further the Hon'ble Court may be pleased to set herself free from illegal confinement of respondent No.4 and give the custody of Hiral to the petitioner.

(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 Hiral before this Hon'ble Court.

(C) Your Lordships may be pleased to grant any other and further relief that may be deemed fit and proper in the interest of justice."

R/SCR.A/10473/2019 ORDER

2. Based upon the allegations and averments, Notice was issued and the corpus is brought before the Court and her date of birth, as per her say is 14.6.2001 and, accordingly, she is adult as on date. The corpus has submitted that she of her volition has chosen to stay away from the parents and she does not wish to join the petitioner and she would like to stay with respondent no.4 viz. Ravi. In that view of the matter, as the corpus has clearly stated that she is not under any confinement or restraint, the petition is not required to be entertained and the same is dismissed.

(S.R.BRAHMBHATT, J) (A. P. THAKER, J) R.S. MALEK Page 2 of 2 Downloaded on : Thu Jan 09 23:17:56 IST 2020