Kishan Kumawat vs State Of Rajasthan
2021 Latest Caselaw 16430 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Habeas Corpus Petition No. 231/2021

Kishan Kumawat S/o Shri Ram Chandra, Aged About 42 Years, R/o Ward No. 5, Nawa Shahar, P.s. Nawa, District Nagaur.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Home, Government Of Rajasthan, Secretariat Jaipur.

2. Superintendent Of Police, Nagaur.

3. Station House Officer, P.s. Nawa, District Nagaur.

4. The Additional Director General Of Police, Anti Human Trafficking Unit, Jodhpur.

5. Sunil Verma S/o Shri Rampal, R/o Kochhor, P.s. Ranoli, District Sikar.

                                                                 ----Respondents


For Petitioner(s)         :     None present
For Respondent(s)         :     Mr. Anil Joshi, G.A-cum-AAG
Present in Person(s)      :     Shri Dharmesh Dayma, SHO Nawa
                                District Nagaur
                                Mrs. Manisha, Woman constable,
                                PS Nawa District Nagaur



            HON'BLE MR. JUSTICE VIJAY BISHNOI
            HON'BLE MR. JUSTICE SUDESH BANSAL

                          Judgment / Order

28/10/2021

The defects pointed out by the Registry are ignored.

This Habeas Corpus Petition has been filed by the petitioner

with the contention that his daughter is missing and in relation to

that, he has filed a missing person report dated 23.06.2021, upon

which, the FIR No.83/21 has been lodged at Police Station Nawa,

District Nagaur, but the police are not making any serious efforts

to trace out his daughter.

(2 of 2) [HC-231/2021]

Pursuant the directions given by this Court from time to time

to the respondent-State to trace out the minor daughter of the

petitioner and to produce her before this Court, she is produced

before this Court today by the police through learned Public

Prosecutor.

As per the school record of the corpus, her date of birth is

31st October, 2007, as such, she has not attained majority.

Upon ascertaining wishes of the corpus by this Court, she

has stated that at present, she is residing with her father and

wants to live with him only. She has also specifically stated that

she is not making her statement under pressure of anyone.

In view of the fact that at present the corpus is residing with

the petitioner as per her own free will, no further order is required

to be passed in this habeas corpus petition and the same is hereby

disposed of.

However, the police is directed to facilitate the return of the

corpus to the place of her choice and the investigation into the FIR

lodged by the petitioner shall be carried out expeditiously.

(SUDESH BANSAL),J (VIJAY BISHNOI),J

1-Arun/-

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