Saroj vs The State Of Rajasthan ...
2023 Latest Caselaw 9038 Raj

[2023:RJ-JD:37635-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Habeas Corpus Petition No. 340/2023

Saroj W/o Shyam Sunder, Aged About 43 Years, R/o Keriya Marg, Ward No. 3, Kuchera, Nagaur 341024, Rajasthan.

----Petitioner Versus

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

2. The Superintendent Of Police, District Nagaur.

3. The Station House Officer (Sho), Police Station Kuchera, District Nagaur.

4. Vijayendra S/o Bhoora Ram Latiyal, Adult, R/o Thirod, Nagaur 341026, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Veer Aditya Singh

For Respondent(s) : Mr. M.A. Siddiqui, GA-cum-AAG with Mr. Rohit Mutha

Mr. Suraj Mal, SI/SHO, PS Kuchera, Distt. Nagaur, present in person

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN

Judgment / Order

03/11/2023

This habeas corpus petition is filed by the petitioner alleging

therein that her daughter-corpus is missing since 18.9.2023 and

in relation to that, a missing person report was lodged by her,

however, the police are not making any effort to trace out her

daughter-corpus. It is also stated in the petition that the petitioner

is apprehending that her daughter-corpus is in illegal detention of

the respondent No.4.

[2023:RJ-JD:37635-DB] (2 of 2) [HC-340/2023]

Learned AAG has submitted a factual report, wherein it is

mentioned that the petitioner's daughter-corpus and the

respondent No.4 have filed a Criminal Misc. Petition before this

Court with a prayer that the respondents may be directed to

provide protection to them.

It is submitted that the Criminal Misc. Petition was disposed

of by this Court while granting liberty to the corpus and the

respondent No.4 to move a representation before the

Superintendent of Police, Nagaur and pursuant to that, the corpus

and the respondent No.4 appeared before the police and produced

copy of marriage certificate. It is also submitted that statement of

the corpus was recorded by the police, wherein she has

specifically stated that she is major and has solemnized marriage

with the respondent No.4 and at present, she is residing with the

respondent No.4 only. The corpus has also specifically refused to

go with the petitioner.

Taking into consideration the overall facts and circumstances

of the case and keeping in view the fact that the corpus is major

and she gave statement to the police that she is not in illegal

detention of respondent No.4 or anybody, we do not find any case

for interference in this habeas corpus petition.

Hence, this habeas corpus petition is dismissed.

(MUNNURI LAXMAN),J (VIJAY BISHNOI),J

138-msrathore/-

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