Neelgagan Son Of Shri Dalaram ... vs State Of Rajasthan
2021 Latest Caselaw 3767 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

            D.B. Habeas Corpus Petition No. 248/2021

Neelgagan Son of Shri Dalaram Nayak, aged 55 Years, Resident
of Ward No.38, Behind Gaushala, Bhatko Ka Mohalla, Chirawa,
Police Station Chirawa, District Jhunjhunu (Raj.)
                                                                     ----Petitioner
                                     Versus
1.     State Of Rajasthan, Through the Secretary, Department
       of Home, Govt. of Rajasthan, Secretariat, Jaipur.
2.     The Additional Director General of Police, Anti Human
       Trafficking Unit, Jaipur (Rajasthan)
3.     Superintendent Of Police, Jhunjhunu, District, Jhunjunu
       (Raj.).
4.     S.H.O.       Police       Station    Chirawa,         District   Jhunjhunu
       (Rajasthan).
5.     Sunil Kumar Saini S/o Shri Govind Ram Saini, aged 30
       years, R/o Near Railway Line, Mandiyo Ki dhani, Chirawa,
       District Jhunjhunu (Raj.).
                                                                  ----Respondents

For Petitioner(s) : Mr. Sultan Singh Kuri, Advocate For Respondent(s) : Ms Alka Bhatnagar, AGA Mr. Devendra Singh, Dy. SP, SC/ST Cell, Jhunjhunu

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

Judgment

16/08/2021 (IN CAMERA)

The corpus Mst. 'M' is present in the Court today. We

conferred with her (in camera). The date of birth of the corpus is

14.02.2006, thus, she is minor as on date.

The girl is very composed and mature. She stated that she

had gone away with the respondent No.5 Sunil Kumar of her own

(2 of 2) [HC-248/2021]

free will and volition but now, realizing that she is not of the legal

age to enter into any kind of relationship with the respondent

No.5, she agrees that she may be sent to her father's house

however, she requires an undertaking from her father being the

petitioner herein that she shall not be maltreated and will not be

married of till attaining the age of majority and even thereafter,

her wishes will be respected.

We therefore direct that the petitioner shall furnish an

undertaking to the Investigating Officer that no one shall maltreat

the corpus after she is sent to the paternal home. The petitioner

shall also undertake not to marry the corpus till she attains the

majority and even thereafter, her desire shall be respected. The

Dy. Superintendent of Police, Jhunjhunu shall ensure a monthly

visit by a female Police Officer to the house of the petitioner to

ensure well being of the corpus till she attains majority. The

corpus shall be safely escorted to the house of the petitioner.

The instant habeas corpus petition is disposed of as above.

Rule is discharged.

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

C-1-Devesh/-

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