Pratapji Dhudaji Tharecha vs State Of Gujarat

S.R. Brahmbhatt, J

Heard learned counsel for the parties. Present petition has been taken out for seeking writ of habeas corpus in respect of grand-daughter of the petitioner on the basis of the allegations and averments made in this petition.

The corpus being minor, criminal machinery was invoked and the complaint was registered as FIR No. I-13/2017 dated 9.4.2017 with Shihori Police Station under the provisions of the POCSO Act and the Indian Penal Code.

This Court has issued notice on 24.6.2019 and it was made returnable on 22.7.2019. On 22.7.2019, the Court passed following order.

"1. Heard learned counsel for the parties.

Today, the corpus is present before the Court.

Learned Additional Public Prosecutor for respondent-State has submitted that the corpus is brought from the house of respondent No. 3, who is accused in First Information Report being C.R. No. I - 13 of 2017 registered with Shihori Police Station dated 09.04.2017.

The corpus and respondents No. 3 to 7 represented through the advocate. The corpus is minor. The peculiar fact of the case indicates that the corpus was minor and today also, she is minor as submitted by learned counsel for the petitioner, but she appears to have married with respondent No. 3 and out of this marriage, there is a child as per the submission of the counsel and the corpus and child are residing with respondent No. 3 happily. The FIR being C.R. No. I - 13 of 2017 dated 09.04.2017 is being investigated by Shihori Police Station. The Court is considering as to what order qua the corpus' staying be passed. At this stage, Ms. Dharitri Pancholi, learned counsel has very fairly and considerably submitted that at present, the corpus may not be disturbed by sending her to any Sanrakshan Gruh along with the child, that may not be in the interest either of the corpus or the child, in fact, the matter be adjourned for two weeks and the corpus be brought before the Court so that the parents of the corpus may have dialog with the corpus.

Therefore, the corpus shall be brought before the Court as and when, it is required. We are, therefore, adjourned the matter as submitted by learned counsel for the petitioner.

Put up on 5th August 2019.

This order shall not in any manner be construed aid or impediment in the criminal proceedings pursuant to the FIR and the concerned Court or Authority shall not be influenced by this order in any manner."

Today, it was informed to the Court that pursuant to the FIR, no further progress is made in the investigation. We have inquired from the corpus, who is, in fact, saying that she has given birth to a child after marrying respondent no. 3. These are the peculiar facts and circumstances of the case, wherein provision of POCSO Act are attracted and the accused is at large. In the peculiar circumstances, we are of the view that when the corpus has declined to stay with the petitioner and his family members, we have to send the corpus to Nari Sanrakshan Kendra, Palanpur, till she attains adulthood. The Superintendent, Nari Sanrakshan Kendra, Palanpur, is hereby ordered to see to it that the corpus and the child are given sufficient care and protection and their lives and liberty may not be jeopardized in any manner, as they are under the protective custody till the corpus attains adulthood. Passing of this order shall not in any manner affect the criminal proceedings under First Information Report No. I-13/2017 dated 9.4.2017 with Shihori Police Station and the same shall be brought to its logical conclusion strictly in accordance with law. Accordingly, this petition is disposed of. Notice is discharged.

A copy of this order be made available to learned APP for its onward communication and compliance.