Ratti Ram S/O Shri Ramswarup vs The State Of Rajasthan
2021 Latest Caselaw 3754 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             D.B. Habeas Corpus Petition No. 180/2021

Ratti Ram S/o Shri Ramswarup, Resident Of Tilkpur, Police
Station Laxmangarh District Alwar (Rajasthan).
                                                                     ----Petitioner
                                     Versus
1.     The    State      Of     Rajasthan,         Through        The   Secretary,
       Department Of Homes, Secretariat, Jaipur.
2.     The Director General Of Police, Rajasthan, Jaipur.
3.     The Superintendent Of Police, Alwar.
4.     The S.h.o. Police Station, Laxmangarh District Alwar.
5.     Shishram S/o Shri Parsadi, Resident Of Jahdu, Police
       Station Khedli, District Alwar
6.     Parsadi S/o Shri Namalum, Resident Of Jahdu, Police
       Station Khedli, District Alwar
7.     Gyan Singh S/o Shri Ramsingh, Resident Of Village
       Paindka, Police Station - Nagar, District Bhartpur.
8.     Maya W/o Shri Gyan Singh, Resident Of Village Paindka,
       Police Station - Nagar, District Bhartpur.
                                                                  ----Respondents

For Petitioner(s) : Mr. Gurvindra Singh For Respondent(s) : Ms. Alka Bhatnagar, AGA Mr. D.K. Dixit Mr. Kapil Gupta Ms. Rupa Sharma, PS Harchander, Baba Ki Dhani Mr. Harishchandra, PS Malibas Harjana Mr. Ajil Singh, SI, SHO Ms. Mausam Bai, FC-23, Police Station Laxmangarh, Alwar.

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE RAMESHWAR VYAS

Judgment

16/08/2021

(2 of 2) [HC-180/2021]

The instant habeas corpus petition has been filed by father of

the corpus Mst. 'A', seeking custody of his daughter. The corpus

has refused to go with the present petitioner being her father. She

was traced out and has been sent to Balika Gruh, Gandhinagar,

Jaipur, vide order dated 19.07.2021. As per Chapter VI of the

Juvenile Justice (Care and Protection of the Children) Act

(hereinafter referred to as J.J. Act), since there is a dispute

regarding the age of the corpus, all consequential actions

including the determination of age and direction for custody etc. of

a child in need of care and protection are to be taken by the CWC,

constituted under the Act.

Thus, we hereby direct that the CWC, Alwar shall make

requisite enquiry in the matter and pass a consequential order

regarding the future course of the corpus, keping in view the best

interest of the corpus.

The personal presence of the Headmasters of the concerned

schools, who are present today in compliance of the order dated

26.07.2021, is exempted. They shall cooperate in the enquiry to

be conducted by the CWC.

With the above observations, the instant habeas corpus

petition is disposed of. A copy of this order shall be provided to

the learned Advocate appearing for the State forthwith.

(RAMESHWAR VYAS),J (SANDEEP MEHTA),J

31/-Devesh/-

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