Nitu vs The State Of Rajasthan
2022 Latest Caselaw 8456 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Habeas Corpus Petition No. 159/2022

Nitu W/o Shri Praveen Kumar, Aged About 35 Years, By Caste Dhanka, Resident Of Ward No. 10 Sangriya, Police Station Sangriya, District Hanumangarh (Raj.).

----Petitioner Versus

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

2. The Inspector General Of Police, Bikaner.

3. The Superintendent Of Police, Hanumangarh.

4. The SHO, Police Station Sangriya, District Hanumangarh (Raj.).

5. Rahul S/o Jasveer, Resident Of Ward No. 9, Sangriya, District Hanumangarh (Raj.).

----Respondents

For Petitioner(s) : Mr. Kuldeep Sharma. For Respondent(s) : Mr. M.A. Siddiqui, G.A. cum AAG-II, assisted by Mr. A.R. Malkani.

Mr. Imichand Solanki, S.I., SHO Police Station Sangriya, Sushree Usha Female Constable, Belt No.1220, Police Station Sangriya, District Hanumangarh.

Mr. Satish Kumar - Uncle of Corpus.

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE KULDEEP MATHUR Judgment / Order

IN-CAMERA

29/06/2022

This habeas corpus petition has been filed by the petitioner

alleging that her minor daughter has been illegally detained by the

respondent No.5 and at present she is under his illegal

confinement. It is prayed by the petitioner that her minor

daughter be traced out and custody thereof be handed over to her.

(2 of 2) [HC-159/2022]

Pursuant to the notice issued by this Court on 06.06.2022,

the corpus Mst. 'P' is presented before this Court through the

Police. We conferred with the Corpus Mst. 'P', in camera and she

has specifically deposed that she went with the respondent No.5

at her free will and volition and he has not confined her. She has

also submitted that she is ready to go with her parents but wants

to continue with her studies.

Admittedly, as per the School records collected by the Police,

the date of birth of the Corpus Mst. 'P' is 22.03.2008 and thus,

she is minor as on the date but in view of her specific statement

that she was not under any illegal confinement of anybody, no

further order is required to be passed in this position.

In view of the fact that the corpus Mst. 'P' is desirous to go

with her parents, we set her at liberty forthwith. Hence, the police

is directed to hand over her custody to her uncle Satish Kumar

who is present in person before this Court.

Before parting, we deem it appropriate to direct the uncle of

the corpus to file an affidavit today itself ensuring that the family

members of the corpus will not harass her and will not marry her

before she attains majority and will also cooperate the corpus in

pursuing her studies.

Accordingly, the habeas corpus petition is disposed of.

(KULDEEP MATHUR),J (VIJAY BISHNOI),J

25-Prashant/-

Powered by TCPDF (www.tcpdf.org)