Rajasthan High Court - Jodhpur
Mukesh Kumar vs The State Of Rajasthan ... on 29 November, 2023
Bench: Arun Bhansali, Rajendra Prakash Soni
[2023:RJ-JD:41195-DB] (1 of 4) [HC-377/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Habeas Corpus Petition No. 377/2023
Mukesh Kumar S/o Kishor Bhai Bava, Aged About 27 Years, Near
Sati Mata Mandir, Indra Colony, Panch Batti, Airport Road, Police
Station Ratanada, Jodhpur, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary, Ministry
Of Home, Govt. Of Rajasthan, Secretariat, Jaipur.
2. Police Commissioner, Commissionerate, Jodhpur
3. The SHO, Police Station Ratanada, Jodhpur.
4. Komal Ben D/o Kanu Bhai Patni, Near New Telephone
Exchange, Deesa Main Post Office, Bananskantha, Gujarat
385535.
5. Vinod Bhai Patni S/o Valji Bhai Patni, Aged About 19
Years, Near New Telephone Exchange, Deesa Main Post
Office, Bananskantha, Gujarat 385535.
6. Ramila Ben W/o Kanu Bhai Patni, Near New Telephone
Exchange, Deesa Main Post Office, Bananskantha, Gujarat
385535.
----Respondents
For Petitioner(s) : Mr. Rajendra Singh.
For Respondent(s) : Mr. Rohit Mutha on behalf of
Mr. M.A. Siddiqui, AAG.
Mr. Amar Singh Chogal.
Mr. Padmaram, S.I. PS Airport,
Jodhpur East.
HON'BLE MR. JUSTICE ARUN BHANSALI
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Judgment
29/11/2023
1. This petition in the nature of hebeas corpus has been filed by
the petitioner alleging that he had entered into marital bond with
respondent No.4 on 05.05.2023, however, she is in wrongful
[2023:RJ-JD:41195-DB] (2 of 4) [HC-377/2023]
confinement of respondent No. 5, a family member and
respondent No. 6 - mother of respondent No. 4.
2. Copy of the petition was served on learned AAG who was
directed to complete his instructions in the matter.
3. Today, factual report along with copious documents has been
filed inter alia indicating that the date of birth of the corpus is
21.10.2005. The address indicated in the petition is not that of the
petitioner, but his brother. The petitioner is a resident of Deesa,
District Banaskantha, Gujarat, wherein, a case under Sections
363, 366, 376 (2) (n) IPC and 4/6 of POCSO Act was registered
against him. The date of birth on the Aadhar card of the corpus
has been altered. As the corpus, who was with the petitioner, was
found to be pregnant, the 4th Additional Sessions (POCSO) Judge
Deesa has granted permission for aborting the fetus.
4. The petitioner was granted conditional bail with the direction
that he would not leave State of Gujarat, however, he moved an
application before the Gujarat Court inter alia that his uncle has
died in Jodhpur and he may be permitted to visit Jodhpur, which
permission was granted and the said permission has been used for
the purpose of filing the present petition by coming to Jodhpur,
whereas, the entire cause has arisen at Deesa.
5. The statement of the corpus, who even as per the date of
birth indicated by her parents, had attained majority, under
Section 161 Cr.P.C. were recorded, wherein, she has made serious
allegations against the petitioner.
6. Along with the factual report, certified copies of all the
documents pertaining to the proceedings before the Deesa Court
have been produced.
[2023:RJ-JD:41195-DB] (3 of 4) [HC-377/2023]
7. From perusal of the factual report and the allegations made
in the writ petition, it is apparent that the petitioner has not
approached this Court with clean hands. All the material facts
pertaining to his purported relationship with respondent No. 4
have been suppressed including the registration of case at Deesa,
his remaining in custody, release on conditional bail and filing the
present petition by seeking permission from the Court at Deesa on
wrong pretext. The allegations made in the factual report
pertaining to alteration of the documents pertaining to the date of
birth of the corpus are also serious.
8. In the circumstances of the case, we are firmly of the opinion
that as the petitioner has chosen to suppress material facts from
this Court, no case in made out in the petition. The same,
therefore, dismissed.
9. The respondent No. 3 is directed to initiate proceedings
against the petitioner in relation to the allegations contained in the
factual report pertaining to the alteration in the date of birth
related documents of respondent No. 4 and other allegations
made by her in the statement under Section 161 Cr.P.C.
10. Further, looking to the conduct of the petitioner, the
respondent No. 3 will contact his counterpart at Deesa for taking
appropriate proceedings based on the conduct of the petitioner in
obtaining the permission for leaving Gujarat.
11. The corpus present in the Court makes a request that she is
being threatened by the petitioner and, therefore, she may be
granted police protection.
12. In view of the submissions made, the respondent Nos. 1 to
3 are directed to provide adequate protection to the corpus till the
[2023:RJ-JD:41195-DB] (4 of 4) [HC-377/2023]
corpus reaches her residence at Deesa, Dist. Banaskantha,
Gujarat and the local police be also informed about the said
status.
(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J
93-arunp/-
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