Manohar Das vs State Of Rajasthan
2022 Latest Caselaw 14705 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Habeas Corpus Petition No. 342/2022

Manohar Das S/o Shri Shankar Das, Aged About 48 Years, R/o Choudhariyo Ka Bass, Piplad, Tehsil Sojat, District Pali.

----Petitioner Versus

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

2. The Superintendent Of Police, Pali.

3. The Station House Officer, Police Station Bagri, District Pali.

4. Vijay Raj S/o Late Shri Laxman Das, By Caste Vaishnav, R/o Village Piplad, Via Bagri Nagar, Tehsil Sojat, District Pali.

----Respondents

For Petitioner(s) : Mr. Rakesh Arora For Respondent(s) : Mr. MA Siddiqui, GA-cum-AAG assisted by Mr. AR Malkani Present in Person : Mr. Bhanwarlal, SI, SHO PS Bagri Nagar, District Pali

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

14/12/2022

This habeas corpus petition is filed by the petitioner alleging

that his major daughter is missing since 28.09.2022 and she has

been illegally detained by the respondent No.4 and in relation to

that, the petitioner lodged a missing person report at the Police

Station Bagri, District Pali, but the police are not tracing out his

daughter.

(2 of 2) [HC-342/2022]

Pursuant to the directions given by this Court, learned Public

Prosecutor has submitted factual report wherein, it is mentioned

that the corpus is major and she appeared before the Police

Station on 08.10.2022 on her own and filed an application stating

that she is major and solemnized marriage with the respondent

No.4 and at present, she is residing with him at Pune in

Maharasthra. The corpus has also stated that she is not under

illegal detention of anybody.

Learned counsel for the petitioner has submitted that the

police did not allow the petitioner to meet with the corpus, when

she appeared before the Police Station.

The Investigating Officer, present in person, has submitted

that the police have already conducted the counseling between the

corpus and her parents on 07.10.2022 and during that counseling,

the corpus has refused to go with her parents and express her

desire to live with respondent No.4 only.

In the factual report, it is also mentioned that earlier the

corpus eloped with the respondent No.4 and at present she is

residing with him on per her own free will.

Taking into consideration the above fact and circumstances

of the case and keeping in view the fact that the corpus is major

and she is residing with respondent No.4 as per her own free will,

we do not find that any case of illegal detention of the corpus is

made out, hence this habeas corpus petition is dismissed.

The factual report be taken on record.

(MANOJ KUMAR GARG),J (VIJAY BISHNOI),J

Surabhii/17-

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