Sunil Soni vs State Of Rajasthan
2022 Latest Caselaw 3363 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Habeas Corpus Petition No. 58/2022

Sunil Soni S/o Radheshyam Soni, Aged About 36 Years, R/o Magistrate Colony Gali No. 3, Near Mewar Girls College, Sector- 5, Chittorgarh

----Petitioner Versus

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

2. The Superintendent Of Police, Chittorgarh.

3. The Station House Officer Of Police Station, Kotwali, District Chittorgarh.

4. Prahlad Soni S/o Radheshyam Soni, R/o Ram Devra Road, Narayangarh Village, Teh. Gudbheli (Narayangarhwali), Harsol, Mandsaur, Madhya Pradesh, 458553

----Respondents

For Petitioner(s) : Mr. Himanshu Maheshwari For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG (in charge)

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

04/03/2022

The petitioner has approached this court seeking a

direction for production of his wife Smt. 'R' in this court.

Learned counsel for the petitioner submits that the

corpus and the petitioner are legally wedded to each other. The

family members of the corpus forced her to file criminal case for

the offences punishable under Sections 376 and 506 IPC against

the petitioner. Trial of the case was conducted by the Sessions

Judge, Second, Mandsaur, where the corpus appeared and stated

(2 of 2) [HC-58/2022]

that she had married the petitioner of her own free will and

volition and that she had given the statement under Section 164

CrPC for implicating the petitioner for the offences alleged under

the pressure of police and her parents. The petitioner has been

acquitted in the said case vide judgment dated 11.02.2022. The

petitioner has further alleged that he and the corpus were living

together in the matrimonial home at Chittorgarh, from where her

parents manged to snatch her away from the company of the

petitioner with the assistance of the police in furthearnce of the

falsely foisted FIR at the Police Station Mandsaur. As per the

petitioner, the corpus is illegally detained at her father's house at

Mandaur.

Issue notice to the respondents. Mr. Anil Joshi, learned

GA-cum-AAG, appears on behalf of the respondents Nos.1, 2 and

3. Thus, notice be issued to the respondent No.4 only.

Mr. Joshi shall instruct the police officials concerned to

trace out and present the corpus Mrs. 'R' in this court on or before

the next date of hearing.

List on 22.03.2022.

(VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J

46-Pramod/-

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