Rupa Ram vs State Of Rajasthan
2022 Latest Caselaw 10598 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Habeas Corpus Petition No. 243/2022

Rupa Ram S/o Shri Dala Ram, Aged About 30 Years, By Caste Choudhary, R/o 844, Choudhariyon Ka Vas, Elana, District Jalore, Rajasthan.

----Petitioner Versus

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

2. The Superintendent Of Police, Jalore, Rajasthan.

3. The Station House Officer (SHO), Police Station Bishangarh, Jalore, Rajasthan.

4. Ganesha Ram S/o Shri Chhogaji, By Caste Choudhary,aged about 44 years R/o Ummedabad (Gol), Dhora Dhani, Tehsil And District Jalore, Rajasthan.

5. Prema Ram S/o Shri Chhogaji, By Caste Choudhary, aged about 44 years, R/o Ummedabad (Gol), Dhora Dhani, Tehsil And District Jalore, Rajasthan.

6. Punma Ram S/o Moti Ji, R/o Ahore, Jalore, Rajasthan.

                                                                      ----Respondents


For Petitioner(s)              :     Mr. Uttam Khan
For Respondent(s)              :     Mr. M.A.Siddiqui, GA cum AAG with
                                     Mr. A.R.Malkani
                                     Mr. Dharmendra Hudda, ASI, and Ms.
                                     Anita, Lady Constable No.954 of

Police Station Bishangarh, District Jalore.

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE FARJAND ALI

Order

17/08/2022

This habeas corpus petition has been filed by the petitioner

alleging that his wife is illegally detained by the private

respondents.

(2 of 2) [HC-243/2022]

Learned counsel has submitted that the petitioner has

solemnized marriage with the daughter of the respondent No.4. It

is argued that at the instance of the respondent No.4, an FIR was

lodged against the petitioner and in relation to that the police after

investigation has filed charge-sheet against him for the offences

under Sections 363, 366, 120B, 376 IPC read with Section 3/4 of

the POCSO Act. However, the trial Court after taking into

consideration the evidence produced by the prosecution has

acquitted the petitioner vide judgment dated 24.2.2021 in

Sessions Case No.48/2019. Learned counsel has submitted that

during incarceration, the private respondents have forcibly took

the custody of wife of the petitioner and at present she is in illegal

detention of them.

Pursuant to the notice issued by this Court, the corpus is

produced before this Court. We have interacted with her in

'Camera' as well as in the Court. She has specifically stated that

she is not in illegal detention of anybody and is willfully residing

with her parents. She has specifically refused to go with the

petitioner.

In such circumstances, when the corpus is not in illegal

detention of private respondents, there is no force in this habeas

corpus petition.

The habeas corpus petition is, therefore, dismissed. The

police is directed to facilitate the return of the corpus to the place

of her choice.

(FARJAND ALI),J (VIJAY BISHNOI),J

16-RP/-

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