Rohit Bhati vs State Of Rajasthan
2022 Latest Caselaw 7105 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Habeas Corpus Petition No. 90/2022

Rohit Bhati S/o Nathuram, Aged About 21 Years, Gali No. 8, Ssb Road, 3-E Chhoti, Police Thana Jawahar Nagar, District Shri Ganga Nagar (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary, Department Of Home, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Superintendent Of Police, District Shri Ganga Nagar .

3. The Station House Officer, Police Station Jawahar Nagar, District Shri Ganga Nagar.

4. Kanhaiyalal S/o Munshi Ram, Aged About 55 Years, 34, Bhardwaj Colony, Police Station Jawahar Nagar, District Shri Ganga Nagar.

5. Ravi Sharma S/o Krishanlal, Aged About 28 Years, 34, Bhardwaj Colony, Police Station Jawahar Nagar, District Shri Ganga Nagar.

6. Bhim Kayal, Village Nathwana, Near Thakur Ji Mandir, Sangria, District Hanumangarh.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. Rajak Khan
For Respondent(s)         :     Mr. M. S. Siddiqui, PP
                                Mr. Kanwar Pal Singh, ASI &
                                Ms. Suman P.S. Jawahar Nagar,
                                Sriganga Nagar

HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

12/05/2022

Heard.

Petitioner Rohit Bhati filed this petition on the allegation that

Kanchan Sharma has been kept in illegal detention by respondent

(2 of 2) [HC-90/2022]

No.6-Bhim Kayal. This Court directed the State to produce the

Corpus-Kanchan Sharma on 20.04.2022 and in compliance of that

order corpus has been produced before this Court by the ASI,

Police Station Shriganganagar alongwith the detinue. The police

officer has brought before this Court a marriage certificate as well

as age certificate of the Corpus-Kanchan Sharma by which it is

revealed that she is of more than 22 years of age and it is claimed

that she married respondent No.6 Bhim Kayal on 30.11.2021.

The alleged detinue is present in the court and states that

she is major and married respondent no.6-Bhim Kayal. She is

residing voluntarily with Bhim Kayal as his wife at Nathdwara and

it is not a case where she is illegally detained by the respondent

No.6-Bhim Kayal or anyone else.

In view of said statements made before this Court by corpus-

Kanchan Sharma, we are inclined to dispose of this petition with

the direction that Kanchan Sharma is free to move wherever she

wants to move. It is not a case of illegal detention as alleged in

the petition.

Hence the present Habeas Corpus Petition is disposed off.

(FARJAND ALI),J (MANINDRA MOHAN SHRIVASTAVA),ACJ

19-nidhi/neha-

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