JAYESHBHAI VELSHIBHAI LAKUM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Ms. Rekha Kapadia, learned advocate for the petitioner and Mr. Manan Mehta, learned APP for respondents no.1 to 3. Corpus Zinkal is present in person through video conferencing from the chamber of Ms. P.T. Ram, learned City Civil and Sessions Judge, Ahmedabad.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the writ of habeas corpus with a direction to produce respondent no.5 Zinkal before this Court. It is the say of the petitioner that corpus Zinkal is wife of the petitioner and that minor daughter Vaidehi is with the petitioner. However, the only prayer of habeas corpus is qua Zinkal. The other prayer is for registering FIR against respondent no.4 accused and others who may be found to have indulged into the offence, for appropriate offences under the IPC. The said prayer is not dealt with in the present proceedings under habeas corpus. It is open for the petitioner to resort to other remedy available in law.

(3.) We have interacted with the corpus who is born in the year 1997 and is major. The learned Vacation Judge on 13.11.2020 has recorded the following order -