Kishan Singh Rathore vs The State Of Rajasthan
2023 Latest Caselaw 211 Raj

(1 of 2) [HC-335/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Habeas Corpus Petition No. 335/2022

Kishan Singh Rathore S/o Shri Jay Singh, Aged About 28 Years, R/o 230 Ea Eg, Ward No. 6, Billya Khurd, Near Charbhuja Mandir, Bhilwara, Rajasthan.

----Petitioner Versus

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

2. The Superintendent Of Police, Bhilwara, Rajasthan.

3. The Station House Officer (Sho), Police Station Pratapnagar, District Bhilwara, Rajasthan.

4. Heera Lal Meena S/o Shri Chotu Lal Meena, R/o 9 U- 41, Patel Nagar, Bhilwara, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Kaushal Sharma For Respondent(s) : Mr. Anil Joshi, AAG Mr. V. R. Choudhary Ms. Radha Aheer, IO, PS Pratapnagar, Bhilwara

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

Judgment / Order

06/01/2023

Heard.

The corpus was produced before this Court on 06.12.2022

and on that day, she has expressed her desire to go with the

petitioner. Taking into consideration the fact that the corpus is

major and is desirous to go with the petitioner, this Court directed

the police to facilitate the return of the corpus with the petitioner

alongwith certain other directions. However, this Court has also

noticed that as the corpus has faced grave sentimental turmoil,

(2 of 2) [HC-335/2022]

she does not want to break her ties with her parents, whereas her

parents are not ready to accept her if she goes with the petitioner,

this Court has directed the petitioner to produce the corpus and

with a further direction to the respondent No.4, father of the

corpus, to remain present before this Court on the next date.

Today, though the corpus is present before this court, but the

respondent No.4 is not present. Learned counsel appearing for the

respondent No.4 has submitted that he tried to contact the

respondent No.4 but his mobile phone is not reachable.

We have ascertained wish of the corpus and she has

specifically stated that she wants to go with the petitioner. The

corpus has also stated that if her parents do not want to have any

relation with her, then also, she wants to go with the petitioner.

In view of the above facts and circumstances of the case,

this Habeas Corpus Petition is allowed and the police is directed to

facilitate the return of the corpus with the petitioner to the place

of their choice. The petitioner and the corpus shall be provided

protection till they reach their desired destination.

The amount of Rs.25,000/- deposited by the petitioner

pursuant to the directions of this Court dated 23.11.2022 shall be

returned to the petitioner on moving an appropriate application in

this regard.

(MADAN GOPAL VYAS),J (VIJAY BISHNOI),J 144-nidhi/-

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