Gujarat High Court
Ajaybhai Himmatbhai Parmar vs State Of Gujarat on 6 February, 2024
Author: A.Y. Kogje
Bench: A.Y. Kogje, Samir J. Dave
NEUTRAL CITATION
R/SCR.A/989/2024 ORDER DATED: 06/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 989 of
2024
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AJAYBHAI HIMMATBHAI PARMAR
Versus
STATE OF GUJARAT
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Appearance:
MR YASH H JOSHI(6495) for the Applicant(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 5
NOTICE SERVED TO CONCERNED POLICE STN for the Respondent(s) No.
2,3,4
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 06/02/2024
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This petition under Article 226 of the Constitution of
India is filed for following relief:-
"(b) Your Lordships may be pleased to issue a writ of
habeas corpus or any other appropriate writ
order or directions and pleased to direct the
respondent No.2 to produce the respondent no.3
herein (corpus) Jamnaben Khodabhai Pipaliya
before this honourable court who has been
illegaly confined against her wishes."
2. The petition is filed as the petitioner, who was accused
in an offence under POCSO, wherein victim was respondent No.3
herein (corpus), after trial, by judgment and order dated
NEUTRAL CITATION
R/SCR.A/989/2024 ORDER DATED: 06/02/2024
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27.03.2023, Special POSCO Judge, Bhavnagar has acquitted the
petitioner. It appears from the record that in the process, the
corpus had chosen not to go along with her parents and in the
custody of the Administrator, Tapibai Vikasgruh, Chitranjan Road,
Vidhyanagar, Bhavnagar, has delivered a baby child, who is now 1
year old. As the petitioner has been honourably acquitted, he has
filed the present petition to take custody of respondent No.3, who
is not major considering birth certificate produced on record at
Annexure-C, where date of birth is recorded as 13.05.2005.
3. Pursuant to our order dated 24.01.2024, corpus is
present and respondent No.4-father of the corpus is also present.
The matter has been taken up in chamber, wherein corpus was
interviewed in presence of the Advocates first and thereafter in
presence of respondent No.4, where she has expressed her desire
to go in company of the petitioner.
4. The petitioner was also heard through his Advocate as
well as in person and has stated that he and his family are occupied
in labour work and are earning sufficiently to maintain both the
corpus and newly born child. He has also assured that he will be
able to take proper care of both the corpus and newly born child
and at no stage, will he conduct ion a manner which would be
against the interest of both the corpus and the child.
NEUTRAL CITATION
R/SCR.A/989/2024 ORDER DATED: 06/02/2024
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5. Having ascertained the wishes of the corpus and as the
corpus is major, she is at her free will to be in company of any
person of her choice and here she has expressed her desire to go
with the petitioner.
6. In view of the aforesaid, the petition is allowed.
Respondent No.3-corpus and newly born child are directed to be
sent along with the petitioner.
(A.Y. KOGJE, J)
(SAMIR J. DAVE,J)
SHITOLE
