If the petitioner cannot demonstrate “illegal detention/confinement,” the habeas corpus petition will not be accepted. Gujarat High court
TITLE: Lilabhai shankarbhai sapriya v State of Gujarat
Decided On-: 01/08/2023
7864 of 2020
CORAM: Hon’ble Justice Mr. Umesh A. Trivedi and Mr. M.K Thakker
INTRODUCTION- In this petition for a writ of habeas corpus, the father claims that his major daughter went missing on October 15, 2020, from the residence of Respondent No. 7.
FACTS OF THE CASE
Rekhaben, the Corpus, wed Respondent No. 7. On October 14, 2020, Respondent No. 7’s husband and Corpus got into a fight over Corpus’ habit of chewing Gutkha. According to the allegations in the petition, Respondent No. 7 beat her, and on October 15, 2020, when Respondent No. 7 returned home from work, the Corpus-wife was not there. As a result, on October 16, 2020, Respondent No. 7’s husband filed a “Janvajog” application with the Vadaj Police Station. Respondent No. 8, the husband’s father, also informed the petitioner, who is the Corpus’ father, on October 15, 2020, that the daughter-in-law was not available from the marital residence.
The petitioner attempted to reach him on her phone while waiting at his house for the Corpus and did not go back to her parents’ house because her phone was found to be off. After doing some research, the petitioner discovered that Respondent No. 5 and the Corpus had a connection and that Respondent No. 5 had kidnapped the girl/corps. The petition claims that Respondents Nos. 5 to 8 unlawfully detained Corpus, and that despite the Vadaj Police Station receiving a missing person report, no successful efforts were made to locate him.
COURT ANALYSIS AND DECISION
The petitioner’s learned advocate claimed that the police department has not made any sincere attempts to find the Corpus -daughter. The Corpus was missing from the home of Respondent No. 7 and Respondent No. 5 is also missing, according to Mr. Chaudhari, learned advocate. Despite more than two and a half years having passed, the police department has not yet been able to find the Corpus. Mr. Chaudhari, a seasoned attorney, further argues that despite specific accusations of illegal confinement against Respondents Nos. 5 and 8, no action was taken against them; instead, the police agency merely submitted reports without taking any further action.
On the contrary , the affidavit provided by Dr. Lavina Sinha, Deputy Commissioner of Police, Zone-I, Ahmedabad (City), describing the efforts made by the Investigating Agency, was cited by Mr. Bhargav Pandya, a knowledgeable APP. According to the affidavit, all concerned police stations in Ahmedabad’s city and districts were informed of the missing corpus after the Head Constable of the Police Station received missing complaint No. 117 of 2020.
The investigating officer also gathered CDR information for the mobile numbers Respondent No. 5 used between October 1, 2020, and October 23, 2020. After that, the Investigating Officer periodically requested and reviewed additional CDR. It was discovered that Respondent No. 5 frequently turned off his or her mobile.
Given the testimony and affidavit provided by the investigating officer, it is clear that the investigating agency made all sincere efforts to find the deceased, who was claimed to be Respondent No. 5 and the Corpus, from the time of their disappearance until the present. The petitioner, however, disputed the claim that the Corpus was the deceased. So, a DNA Report was requested to further confirm it. However, the sample’s severe degradation made it unsuitable. Therefore, the forensic expert did not offer any opinions. It must be remembered that a Habeas Corpus investigation must be started to determine whether a Corpus is unlawful
The purpose of the writ of Habeas Corpus is to freedom and to return a person’s freedom to another custody despite not wanting to. From the information provided here As mentioned earlier, this Court is content with the investigation and there is nothing unauthorized or illegal, according to the report.
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Written by- Steffi Desousa