Jetha Ram vs State Of Rajasthan ...
2023 Latest Caselaw 10144 Raj

Rajasthan High Court - Jodhpur

Jetha Ram vs State Of Rajasthan ... on 28 November, 2023

Author: Vijay Bishnoi

Bench: Vijay Bishnoi

[2023:RJ-JD:40932-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
              D.B. Habeas Corpus Petition No. 368/2023

Jetha Ram S/o Champa Ram, Aged About 43 Years, Gram
Chordiya, Tehsil Dechu, Distt. Phalodi (Rajasthan).
                                                                         ----Petitioner
                                       Versus
1.       State   Of     Rajasthan,        Through         The       Secretary,   Home
         Department, Secretariat, Rajasthan, Jaipur.
2.       The Superintendent Of Police, District Phalodi, Rajasthan.
3.       The Station House Officer (Sho), Police Station-Dechu,
         District Phalodi.
4.       Teela Ram S/o Asu Ram, Aged About 23 Years, Village
         Khet Nagar, Setrawa, Teshsil Dechu, District Phalodi.
                                                                     ----Respondents


For Petitioner(s)            :     Mr. Dinesh Bishnoi, Mr. Digvijay singh
For Respondent(s)            :     Mr. M. A. Siddiqui, AAG



             HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE MUNNURI LAXMAN

Judgment / Order

28/11/2023

This habeas corpus petition is filed by the petitioner alleging

therein that his minor daughter is in illegal detention of

respondent No.4 and the police are not tracing out her, therefore,

writ of habeas corpus be issued and the private respondent No.4

be directed to produce petitioner's minor daughter before this

Court.

Learned AAG has submitted the factual report, wherein it is

mentioned that petitioner's daughter is major and earlier also, she

eloped with the respondent No.4 on 02.06.2023 and in relation to

that, a missing person report was lodged by the petitioner. It is

[2023:RJ-JD:40932-DB] (2 of 2) [HC-368/2023]

further submitted that during the course of investigation in the

said missing person report, the corpus appeared before the police

and specifically stated that she went with the respondent No.4 on

her own free will and wants to reside with him only.

Taking into consideration the fact that the corpus is major

and residing with the respondent No.4 on her own free will, the

police may let her free to go with the respondent no.4.

It is further mentioned in the factual report that later on, the

petitioner filed an FIR at Police Station, Dechu alleging that his

daughter has been kidnapped by some persons, however, in the

said FIR, negative final report was filed. Learned AAG has stated

that the police contacted the daughter of the petitioner on mobile

phone and she has stated that she is safe and will report the

police after 15.12.2023.

Learned AAG has submitted that from the above facts, it is

clear that it is not a case of illegal detention and in such

circumstances, no writ of habeas corpus can be issued.

The facts mentioned in the factual report have not been

controverted by learned counsel for the petitioner.

It is also to be noticed that the petitioner has already

initiated proceedings under Section 97 Cr.P.C. before the SDO

concerned.

In such circumstances, we do not find any merit in this

habeas corpus and the same is hereby dismissed.

                                   (MUNNURI LAXMAN),J                                           (VIJAY BISHNOI),J
                                    81-DivyaTak/-









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