Dharmendra vs State Of Rajasthan ...
2023 Latest Caselaw 5751 Raj

[2023:RJ-JD:25204-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

D.B. Habeas Corpus Petition No. 190/2023

Dharmendra S/o Shri Dhagla Ram, aged about 49 years, Resident of Village Kantaliya, Police Station Bagdi, District Pali (Raj.)

----Petitioner Versus

1. The State of Rajasthan through Superintendent of Police, District Pali (Rajasthan).

2. Station Housing Officer Police Station, Bagdi Nagar, District Pali (Rajasthan).

3. Sattu S/o Shri Govind Ram, Resident of Village Kantaliya, Police Station Bagdi, District Pali (Raj.)

----Respondents

For Petitioner(s) : Mr. Firoz Khan. For Respondent(s) : Mr. M.A. Siddiqui, AAG.

Mr. Prahlad Singh, ASI & Ms. Sushila, MFC-1472 P.S.- Bagdri Nagar, District Pali.

HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

08/08/2023

1. This petition in the nature of habeas corpus has been filed by

petitioner/father, inter-alia, alleging that his minor daughter is in

illegal custody of respondent No.3.

2. By order dated 13.06.2023, while issuing notice to

respondent No.3, factual report was called. Pursuant thereto, on

18.07.2023, a factual report was produced, inter-alia, indicating

the efforts made to recover the corpus.

[2023:RJ-JD:25204-DB] (2 of 3) [HC-190/2023]

3. Today, the corpus has been produced before the Court from

Balika Grah, Jodhpur where she was lodged after she was

recovered on 05.08.2023.

4. We have conferred with the corpus in camera, wherein she

has indicated that her date of birth is 05.07.2007 and that she

was not willing to go with her father on account of purported ill-

treatment meted out to her. She also indicated that she wanted to

go with respondent No.3.

5. In the circumstances of the case, where the corpus is

admittedly minor and is not willing to go with her father, the

situation needs to be dealt-with in the light of judgment in

Mohanlal vs. State of Rajasthan & Ors. : D.B. Habeas Corpus

Petition No.194/2023 decided on 28.07.2023, wherein it was,

inter-alia, laid down by this Court as under:

"7. We have considered the submissions made by the counsel for the parties and have perused the material available on record.

8. It is not in dispute that the corpus is minor as her date of birth indicated is 01.01.2010 i.e. she is about 13½ years old only. In those circumstance, her insistence to go with respondent No.4 and not with her parents, apparently can not be countenanced.

9. The provisions of Act of 2015, defines a 'child in need of care and protection' under Section 2 (14), wherein apparently case of the present nature would be governed.

10. Under Section 31 of the Act, any child in need of care and protection is required to be produced before Child Welfare Committee inter alia by the police officer and it has been made mandatory under Section 32 of the Act, to do so.

11. Whereafter under Section 36 of the Act, the enquiry is required to held by the CWC, which can result in passing of the order under Section 37 {(a) to (h)} by the CWC qua the child, who is in need of care and protection.

12. In view thereof, in the present circumstances, wherein the corpus admittedly is minor and has refused to go with her parents, she is also required to dealt with

[2023:RJ-JD:25204-DB] (3 of 3) [HC-190/2023]

under provisions of the Act of 2015, as observed hereinbefore.

13. Consequently, the petition is disposed of. The respondent Nos.1 to 3 are directed to produce the child before the CWC, Dungarpur, and the CWC, Dungarpur, is directed to take appropriate action in accordance with provisions of Sections 36 and 37 of the Act of 2015 with expedition, in accordance with law."

6. In view of above, the corpus is required to be dealt-with

under the provisions of the Juvenile Justice (Care and Protection of

Children) Act, 2015 ('Act of 2015').

7. The petition is accordingly disposed of. The respondents No.1

and 2 are directed to produce the child before the C.W.C., Pali and

the C.W.C., Pali is directed to take appropriate action in

accordance with provisions of Sections 36 and 37 of the Act of

2015.

(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J 40-DJ/-

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