HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Habeas Corpus Petition No. 227/2021 Jakir Hussain S/o Sh. Nasir Khan, Aged About 48 Years, B/c Muslim, R/o Gaffu Khan Ka Chowk, Udaimandir, Jodhpur (Raj.) (Father Of Corpus Gulfasa).
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Home Department, Government Of Rajasthan, Secretariat, Jaipur.
2. The Director General Of Police, Police Head Quarters Jaipur.
3. The Commissioner Of Police, Police Commissionerate Jodhpur.
4. Deputy Commissioner Of Police, Jodhpur.
5. The S.h.o., Police Station, City Kotwali, Jodhpur Metropolitan.
6. Sunil Meghwal S/o Sharvan Ram, Aged About 21 Years, R/o Meghwalon Ka Bass, Kudecha Nanand, District Jodhpur, Previously Working As Om Juice Ghantagar And Om Heritage Hotel Bagar Chowk, Jodhpur.
----Respondents
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For Petitioner(s) : Mr. Aziz Khan
For Respondent(s) : Mr. Farzand Ali, AAG-cum-GA with
Mr.Abhishek Purohit
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Judgment / Order 24/08/2021 This Habeas Corpus petition has been filed by the petitioner claiming that his daughter has illegally been confined by the respondent No.6.
On the directions given by this Court, copy of the Habeas Corpus petition was supplied to the Government Advocate. Mr. Farzand Ali, learned AAG has submitted a factual report dated 12.8.2021 prepared by the SHO, PS Sadar Kotwali, Jodhpur (East), wherein it is mentioned that daughter of the petitioner is major and she is residing with the respondent No.6 on her own free will. It is also informed that the petitioner and the respondent No.6 have filed SB Criminal Misc. Petition No.4063/2021 before this Court seeking protection from the petitioner and this Court while disposing of the same has directed the police authorities concerned to hear the grievance of the petitioners-therein and further after analysing the (Downloaded on 25/08/2021 at 09:05:32 PM) (3 of 3) [HC-227/2021] threat perceptions directed for providing adequate security and protection to them.
From the documents produced along with the factual report, it is clear that daughter of the petitioner is major and her statements under Section 161 Cr.P.C. have also been recorded by the police in relation to the MPR No.17 dated 5.8.2021 filed by the petitioner, wherein she has specifically stated that she is major and is living with the respondent No.6 on her own free will. In such circumstances, no case for interference in this Habeas Corpus petition is made out. Hence, this Habeas Corpus petition is dismissed. The factual report dated 12.8.2021 submitted by Mr. Farzand Ali, learned AAG is taken on record. (VINIT KUMAR MATHUR),J (VIJAY BISHNOI),J 13-msrathore/-
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