Citation : 2023 Latest Caselaw 2241 Raj
Judgement Date : 16 March, 2023
[2023/RJJD/006710]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 49/2023
Manohar Lal S/o Shri Bhanwar Lal Dangi, Aged About 36 Years, Dangi Mohalla, Satkhanda, P.s. Sadar Nimbaheda, Dist. Chittorgarh (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Home Department, Government Of Rajasthan, Secretariat, Jaipur.
2. The Superintendent Of Police, Chittorgarh.
3. The Station House Officer, P.s. Sadar Nimbaheda, Dist.
Chittorgarh.
4. Pappu Lal S/o Shri Mangiram Dangi, Satkhanda, P.s.
Sadar Nimbaheda, Dist. Chittorgarh.
----Respondents
For Petitioner(s) : Mr. Manohar Lal, petitioner, present in person
For Respondent(s) : Mr. M.A. Siddiqui, AAG with Mr. A.R.
Malkani
Mr. Ratan Lal Dangi, maternal uncle of the corpus, present in person
Mr. Lekhraj, ASI, Ms. Meera, MFC -
1190, PS Sadar, Nimbahera, Chittorgarh, present in person
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Judgment / Order
16/03/2023
[2023/RJJD/006710] (2 of 3) [HC-49/2023]
This Habeas Corpus Petition is filed by the petitioner
claiming that his minor daughter is abducted by the
respondent No.4 on 2.2.2023 and at present, she is in his
illegal confinement.
During the pendency of this Habeas Corpus Petition, the
corpus was traced out by the police, however, as she refused
to go with the petitioner, she was admitted to Sakhi-I Stop
Center, Chittorgarh and after receiving this information, this
Court has directed the learned AAG to produce the corpus
before the Court on 1.3.2023.
On 1.3.2023, the corpus was produced before this Court,
however, when she refused to go with the petitioner, then,
this Court ordered for lodging the corpus at Balika Grah,
Udaipur with a direction to list this matter today.
Today, the corpus is produced before us and she has
again reiterated that she does not want to go with the
petitioner as she is apprehending that he may harass her. The
corpus has stated that she is ready to go with her maternal
uncle namely Mr. Ratan Lal Dangi, who is also present in the
Court.
We have interacted Mr. Ratan Lal Dangi, maternal uncle
of the corpus and he assures this Court that he will take care
of the corpus and will not cause any harm to her.
Taking into consideration the above facts and
circumstances of the case, we deem it appropriate to
[2023/RJJD/006710] (3 of 3) [HC-49/2023]
direct the police to handover the custody of the corpus to her
maternal uncle Mr. Ratan Lal Dangi, after getting her released
from the Balika Grah, Udaipur.
The Habeas Corpus Petition is disposed of accordingly.
(RAJENDRA PRAKASH SONI),J (VIJAY BISHNOI),J
48 - ms rathore
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