Rahul Sharma Son Of Shri Kailash ... vs State Of Rajasthan
2022 Latest Caselaw 547 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             D.B. Habeas Corpus Petition No. 6/2022

Rahul Sharma Son of Shri Kailash Sharma, Aged About 22 Years,
Resident of Plot No. 162, Parvatpuri, Behind Golimar Garden,
Amer Road, Jaipur (Raj.)
(Husband of Abducted Women)
                                                                    ----Petitioner
                                    Versus
1.     State of Rajasthan, Through It's Secretary, Department of
       Home,        Government            of      Rajasthan,        Government
       Secretariat, Jaipur.
2.     Additional    Director       General        of    Police,   Anti   Human
       Trafficking, Unit Jaipur (Raj.)
3.     The Director General of Police, Jaipur (Raj.)
4.     Commissioner of Police, Jaipur Commissionrate, Jaipur
       (Raj.)
5.     The Station House Officer, Police Station Brahmpuri,
       District Jaipur(Raj.)
6.     The Station House Officer, Police Station Manak Chowk,
       District Jaipur (Raj.)
7.     Vipin Bihari Sharma Son of Unknown, Resident of Plot No.
       125-A, Parvatpuri, Gali No. 03, Brahmpuri, Jaipur (Raj.)
8.     Hemlata Wife of Shri Vipin Bihari Sharma, Resident of Plot
       No. 125-A, Parvatpuri, Gali No. 03, Brahmpuri, Jaipur
       (Raj.)
                                                                 ----Respondents

For Petitioner(s) : Mr. Suresh Kumar, Advocate through VC For Respondent(s) : Mr. N.S. Gurjar, Assistant Government Advocate Mr. Ghanshyam, SI with Ms. Sunita-

Mahila constable FC 12199, Police Station Brahmpuri, Jaipur North are present-in-person

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE BIRENDRA KUMAR

(2 of 2) [HC-6/2022]

Judgment / Order

21/01/2022

In compliance of the order passed by this Court earlier

alleged detenue Smt. Khushabu Sharma has been produced

before this Court.

Smt. Khushabu Sharma states that she had contracted

marriage with the petitioner-Rahul Sharma. It was a love marriage

and therefore complications arose against her wishes, she has

been kept in her parental house. She stated that she is not willing

to stay in her parental house, but is willing to go along with Rahul

Sharma, who is her husband with whom she had contracted

marriage.

Not only averment has been made in the petition, we find

that school certificate recording date of birth as 19.08.2003 has

been filed. From the report submitted before us by the SI of Police

Station Brahmpuri, Jaipur North, we find that an inquiry was

made, it has been also stated that date of birth of Smt. Khushabu

Sharma is 19.08.2003 meaning thereby, that prima facie she is

major.

Considering the said statement of the detenue, we are

inclined to pass an order to the effect that the detenue Smt.

Khushabu Sharma be set free and allowed to go wherever she

wants to go and she will not be compelled to reside with

Respondent Nos. 7, 8 or any other person against her wishes.

This habeas corpus petition is accordingly disposed off.

(BIRENDRA KUMAR),J (MANINDRA MOHAN SHRIVASTAVA),J

Mohita /60

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