Gajendra vs State Of Rajasthan
2022 Latest Caselaw 9873 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Habeas Corpus Petition No. 234/2022

Gajendra S/o Shri Achala Ram, Aged About 24 Years, By Caste Jat, R/o Village Indrohi, Tehsil Ramsar, Police Station Ramsar, District Barmer.

----Petitioner Versus

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

2. The District Superintendent Of Police, Barmer.

3. The Station House Officer, Police Station Chouhtan, District Barmer (Raj.).

4. Amra Ram S/o Shri Deda Ram, Aged About 65 Years, By Caste Jat, R/o Village Gomarakhdham Taratra, Tehsil Chouhtan, District Barmer.

----Respondents

For Petitioner(s) : Mr. D.S. Rathore For Respondent(s) : Mr. M.A. Siddiqui, AAG with Mr. A.R.

Malkani

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment / Order

27/07/2022

This habeas corpus petition is filed by the petitioner

alleging that he was living in live-in-relationship with the

daughter of the respondent No.4, however, the

respondent No.4 had forcibly took her away and at

present she is in his illegal detention.

(2 of 2) [HC-234/2022]

Along with the petition, the petitioner has annexed a

copy of application under Section 97, 98 CrPC addressed

to the Sub Divisional Magistrate, Ramsar, Distt. Barmer

(for short 'the SDM').

Learned counsel for the petitioner has submitted that

the SDM had refused to register the application under

Section 97, 98 CrPC filed by the petitioner.

We are of the opinion that once the petitioner has

approached the SDM by moving application under Section

97, 98 CrPC, it is not proper for him to approach this

Court by way of filing this habeas corpus petition.

In such circumstances, we are not inclined to

interfere in this habeas corpus petition.

However, the petitioner is free to move application

under Section 97, 98 CrPC before the SDM concerned and

if any such application is filed by him, it is expected that

the SDM concerned shall consider and decide the same

strictly in accordance with law.

With these observations, this habeas corpus petition

is disposed of.

(MADAN GOPAL VYAS),J (VIJAY BISHNOI),J

108-msrathore/-

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