Jakir Hussain vs State Of Rajasthan
2021 Latest Caselaw 13030 Raj

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



                                            (2 of 3)             [HC-227/2021]




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

(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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