The Gujarat High Court in the case Pravinbhai Becharbhai Parmar (Thakor) v. State of Gujarat observed and has dismissed with costs, a habeas corpus plea filed by the husband for the production of his wife who was allegedly kidnapped by her relatives, on the ground that the said husband has concealed the fact that an application has already been filed by him under section 97 (Search for persons who is wrongfully confined) of Code of Criminal Procedure, 1973.
The division bench comprising of Justice N.V. Anjaria and Justice Niral R. Mehta in the case observed that the factum of filing of proceedings of Criminal Miscellaneous Application No. 02 of 2023 under section 97 of Code of Criminal Procedure was being suppressed by the petitioner while filing this Habeas Corpus petition. The Court was not apprised of the proceedings under section 97 of Code of Criminal Procedure.
In the writ petition, it has been alleged by the husband-petitioner that the relatives of his wife (corpus) kidnapped her and forcefully confined her trying for solemnize a re-marriage of the corpus with another person.
It has also been informed by the APP for the State, Manan Mehta to the court that the corpus was brought by the Police..
The counsel, Himanshu Padhya appearing for the petitioner submitted before the court that that the petitioner wants to withdraw the petition as the corpus has returned to his house and he has also taken her custody before the competent court.
It has also been noted by the court that before the issuance of notice in the writ petition i.e 02.02.2023, an order passed under section 97 of the Code of Criminal Procedure, 1973 was being issued by a competent court on 01.02.2023, and the same was suppressed by the petitioner while filing the plea of habeas corpus.
The court while considering the facts and circumstances of the case noted that an attempt was made pre-emting the proceedings by seeking withdrawal of the present application to perpetuate the suppression of the above fact of the parallel proceedings which is being filed and the custody of the corpus obtained, the said police machinery had to activate itself and spend time and energy for producing the corpus from the custody of the petitioner before the Court. It being an aggravated fall-out of the suppression.
Accordingly, the court dismissed the plea of habeas corpus and has imposed an cost of Rs. 1500/- on the petitioner wherein it has been directed by the court that amount should be paid to the Police Welfare Board, Gandhinagar
within 10 days
