Reshmi Devi vs The State Of Rajasthan
2022 Latest Caselaw 10657 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Habeas Corpus Petition No. 241/2022

Smt. Reshmi Devi W/o Bhanwaru Kathat, Aged About 46 Years,

B/c Mehrat, R/o Hathun Rawala Ka Badiya, Police Station Baar,

District Rajsamand.

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary Of Home

Affairs Department, Govt Of Rajasthan, Jaipur.

2. The Superintendent Of Police, Rajsamand.

3. The S.h.o., Police Station Baar, District Rajsamand.

4. Sharif Kathat S/o Jamal Kathat, R/o Bichuchoda, Post

Jaliya, Police Station Jawaja, District Ajmer.

----Respondents

For Petitioner(s) : Mr. Vikram Singh, Mr. Hitendra Singh

For Respondent(s) : Mr. A.R. Malkani for Mr. M.A.

                               Siddique, GA-cum-AAG

                               Mr. Raj Deependra, SHO PS Baar,
                               Rajsamand

                               Ms. Santosh,             HC      659,   PS    Baar,
                               Rajsamand

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

(2 of 3) [HC-241/2022]

Judgment / Order

18/08/2022

This habeas corpus petition is filed by the petitioner

claiming that her minor daughter is missing and she has

apprehension that her minor daughter has been abducted

by the respondent No.4 and his brother.

Pursuant to the directions given by this Court,

learned Government Advocate has produced the corpus

before this Court today through police. We have

interacted with the corpus in the Court and she has

expressed her desire to go with the petitioner, who is her

mother.

It appears that the corpus is residing with her

mother as per the directions issued by the Child Welfare

Committee, Rajsamand.

In view of the fact that the corpus is desirous to live

with her mother only, no further order is required to be

passed in this habeas corpus petition.

However, it is noticed that in the statement recorded

under Section 164 CrPC before the Magistrate and before

this Court today also, the corpus has alleged that her

parents are forcing her to marry with another person but

as she is minor, she is not desirous to marry.

(3 of 3) [HC-241/2022]

In view of the above facts and circumstances of the

case, we deem it appropriate to direct the petitioner not

to marry the corpus against her wishes till she attains

majority.

With these observations, this habeas corpus petition

is disposed of.

The factual report be taken on record.

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

ms rathore

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