- (1.) THIS petition for writ is preferred by Smt. Jamna Patidar W/o. Shri Kantilal Patidar, R/o. Manpur, Tehsil & District Dungarpur to have a writ in the nature of habeas corpus for the respondents to produce alleged detenue Ms. Ritu (daughter of the petitioner) before this Court.
(2.) AS per the averments contained in the petition for writ, Ms. Ritu Patidar is student of B.Sc Ist Year at MB College, Dungarpur. On 9.12.2013 she went to the College but did not return. An FIR, thus, was lodged at Police Station, Sadar, Dungarpur. In the FIR itself an apprehension was disclosed about abduction of Ms. Ritu by respondent No. 5 Shri Ashfaq. On being failed to get any positive result of the investigation initiated in pursuant to the FIR referred above, this habeas corpus petition was presented before this Court on 22.1.2014. On 07.2.2014, Learned Government Advocate disclosed that as a matter of fact a criminal misc. petition as per provisions of Section 482 Cr. P.C. was filed by Ms. Ritu Patidar seeking necessary protection from her parents as they were creating hindrance in her regular studies. It was also stated that Shri Aashfaq also approached this Court by way of filing S.B. Criminal Misc. Petition No. 122/2014 to get the FIR that was filed at the instance of Smt. Jamna (the present petitioner) quashed. Suffice to mention that in S.B. Criminal Misc. Petition No. 2978/2013 while issuing notices to the respondents, the learned Public Prosecutor was directed to procure factual report. Accordingly, the same was submitted.
(3.) BE that as it may, on 10.2.2014 Ms. Ritu Patidar appeared before the Court at her own and stated that she was not at all abducted by any person but she left her parental house voluntarily looking to the pressure exerted by her parents to enter into wedlock by discontinuing the studies.;