Chagan Lal S/O Shri Prem Raj vs The State Of Rajasthan
2022 Latest Caselaw 1433 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             D.B. Habeas Corpus Petition No. 15/2022

Chagan Lal S/o Shri Prem Raj, Aged About 23 Years, R/o Village
Pehal, District Alwar (Rajasthan).
                                                                     ----Petitioner
                                     Versus
1.     The    State     Of     Rajasthan,         Through         Chief   Secretary
       (Homes), Secretariat, Jaipur.
2.     The Superintendent Of Police, District Alwar, Rajasthan.
3.     The   Addl.     Director       General        At    Police   Anti-   Human
       Trafficking, Unit, Jaipur.
4.     S.H.O. Police Station Mundawar, District Alwar, Rajasthan.
5.     Harchand S/o Shri Jagno, R/o Indira Colony, Harsana,
       Police Station Laxmangarh, District Alwar, Rajasthan.
                                                                  ----Respondents

For Petitioner(s) : Mr. Gajender Singh Rathore, Advocate For Respondent(s) : Mr. N.S. Gurjar, Assistant Government Advocate Mr. Laxmi Kant Sharma, CI, SHO Mundawar, Mr. Ajeet Singh-SI, SHO Laxmangarh and Mrs. Kamlesh 2514 P.S. Laxmangarh, Alwar are present-

in-person

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Judgment / Order

10/02/2022

This habeas corpus petition has been filed by the petitioner-

Chagan Lal inter alia on the allegation that he married Priyanka

D/o Harchand (respondent no.5) on 24.09.2021 at Arya Samaj

Vivah Mandal Trust, Vijay Nagar, Gaziabad (U.P.), but thereafter,

as the marriage was not acceptable to the family of his wife

Priyanka, she has been forcibly removed from the company of the

(2 of 2) [HC-15/2022]

petitioner and kept in illegal detention against her wishes by her

father-respondent no.5.

On such allegation, we directed the State to produce the

corpus.

Priyanka, daughter of respondent no.5-Harchand has been

produced today. According to the school records, which have been

produced before us, date of birth of Priyanka is 07.07.2002. Upon

being inquired Priyanka states that presently she is voluntarily

residing with her father in her parental house without any

compulsion or threat of any one. She emphatically states that her

stay with her father is not in illegal detention but she is voluntarily

residing with her father.

Even though, the petitioner has come out with the case of

Priyanka being his legally wedded wife, keeping in view the scope

and ambit of the habeas corpus petition, we would not comment

upon the factum or validity of the petitioner's claim of having

married Priyanka. As Priyanka has not supported the petitioner's

allegation of having been kept in illegal detention, no further order

is required to be passed.

This habeas corpus petition is accordingly disposed off.

(ANOOP KUMAR DHAND),J (MANINDRA MOHAN SHRIVASTAVA),J

Mohita /3

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