(1 of 2) [HC-335/2022] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Habeas Corpus Petition No. 335/2022 Kishan Singh Rathore S/o Shri Jay Singh, Aged About 28 Years, R/o 230 Ea Eg, Ward No. 6, Billya Khurd, Near Charbhuja Mandir, Bhilwara, Rajasthan.
----Petitioner Versus
1. The State Of Rajasthan, Through The Secretary Of Home Affairs Department, Government Of Rajasthan, Jaipur.
2. The Superintendent Of Police, Bhilwara, Rajasthan.
3. The Station House Officer (Sho), Police Station Pratapnagar, District Bhilwara, Rajasthan.
4. Heera Lal Meena S/o Shri Chotu Lal Meena, R/o 9 U- 41, Patel Nagar, Bhilwara, Rajasthan.
----Respondents For Petitioner(s) : Mr. Kaushal Sharma For Respondent(s) : Mr. Anil Joshi, AAG Mr. V. R. Choudhary Ms. Radha Aheer, IO, PS Pratapnagar, Bhilwara HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment / Order 06/01/2023 Heard.
The corpus was produced before this Court on 06.12.2022 and on that day, she has expressed her desire to go with the petitioner. Taking into consideration the fact that the corpus is major and is desirous to go with the petitioner, this Court directed the police to facilitate the return of the corpus with the petitioner alongwith certain other directions. However, this Court has also noticed that as the corpus has faced grave sentimental turmoil, (Downloaded on 06/01/2023 at 09:47:31 PM) (2 of 2) [HC-335/2022] she does not want to break her ties with her parents, whereas her parents are not ready to accept her if she goes with the petitioner, this Court has directed the petitioner to produce the corpus and with a further direction to the respondent No.4, father of the corpus, to remain present before this Court on the next date.
Today, though the corpus is present before this court, but the respondent No.4 is not present. Learned counsel appearing for the respondent No.4 has submitted that he tried to contact the respondent No.4 but his mobile phone is not reachable.
We have ascertained wish of the corpus and she has specifically stated that she wants to go with the petitioner. The corpus has also stated that if her parents do not want to have any relation with her, then also, she wants to go with the petitioner.
In view of the above facts and circumstances of the case, this Habeas Corpus Petition is allowed and the police is directed to facilitate the return of the corpus with the petitioner to the place of their choice. The petitioner and the corpus shall be provided protection till they reach their desired destination.
The amount of Rs.25,000/- deposited by the petitioner pursuant to the directions of this Court dated 23.11.2022 shall be returned to the petitioner on moving an appropriate application in this regard.
(MADAN GOPAL VYAS),J (VIJAY BISHNOI),J 144-nidhi/-
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