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Rajasthan High Court - Jodhpur
Sabir Sheikh vs State Of Rajasthan ... on 23 March, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:13502-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Habeas Corpus Petition No. 91/2026
Sabir Sheikh S/o Shri Sherudin Sheikh, Aged About 40 Years,
Resident Of Purani Dhanmandi, Madina Chowk, Bhilwara, District
Bhilwara, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Home
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. The Superintendent Of Police, Bhilwara, Rajasthan.
3. The Station House Officer, Police Station Bhimgunj,
Bhilwara, Rajasthan.
4. Sahil Bisayati S/o Salauddin Bisayati, Resident Of Purani
Dhanmandi, Bhilwara, District Bhilwara, Rajasthan.
5. Kamaludin, S/o. Unknown, Resident Of Bhilwara,
Bhimgunj, District Bhilwara, Rajasthan.
6. Salauddin, S/o. Unknown, Resident Of Purani Dhanmandi,
Bhilwara District Bhilwara, Rajasthan.
7. Irshad Bisayati, S/o. Unknown, Resident Of Purani
Dhanmandi, Bhimgunj, Bhilwara District Bhilwara,
Rajasthan.
8. Rahmanuddin Bisayati, S/o. Unknown, Resident Of Purani
Dhanmandi, Bhimgunj, Bhilwara District Bhilwara,
Rajasthan.
9. Imran Bisayati, S/o. Unknown, Resident Of Purani
Dhanmandi, Bhimgunj, Bhilwara District Bhilwara,
Rajasthan.
10. Aashik Ali, S/o. Unknown, Resident Of Purani Dhanmandi,
Bhimgunj, Bhilwara District Bhilwara, Rajasthan.
11. Wasim, S/o. Unknown, Resident Of Purani Dhanmandi,
Bhimgunj, Bhilwara District Bhilwara, Rajasthan.
12. Reshma, W/o. Unknown, Resident Of Purani Dhanmandi,
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[2026:RJ-JD:13502-DB] (2 of 5) [HC-91/2026]
Bhimgunj, Bhilwara District Bhilwara, Rajasthan.
13. Sabir Bisayati, S/o. Unknown, Resident Of Purani
Dhanmandi, Bhimgunj, Bhilwara District Bhilwara,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Bharat Gurjar
For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG
Mr. Naman Mohnot, for respondent
No.4
Mr. Sitaram, ASI,
P.S. Bhimgunj, Bhilwara
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
23/03/2026
1. Heard learned counsel for the parties.
2. The present habeas corpus petition has been filed by the
petitioner, who is the father of the corpus Mst. 'M'. It has been
alleged in the petition that the corpus Mst. 'M' is in illegal
detention of private respondent Nos.4 to 13.
3. In pursuance of the directions issued by this Court, the
corpus Mst. 'M' was produced this Court. On being confronted
with her by the co-ordinate Bench of this Court, she was adamant
that she is major and wanted to go and live with respondent No.4
only, therefore, the co-ordinate Bench vide order dated
27.02.2026 sent the corpus Mst. 'M' to Balika Grah, Ajmer and
from there, she has been produced before this court today.
4. Learned counsel for the petitioner submits that as per the
documents produced on record, the date of birth of the corpus
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Mst. 'M' is "09.12.2008" and since she is a minor, therefore, her
custody cannot be handed over or allowed to be retained by the
private respondents. Learned counsel further submits that the
corpus Mst. 'M' is in illegal detention of the private respondents
and, therefore, her custody may be handed over to the petitioner,
who is the father of the corpus Mst. 'M'.
5. Learned AAG has produced before this Court the documents
recovered by the Police during the course of investigation. Learned
AAG submits that in the first school certificate of the corpus Mst.
'M' her date of birth is reflected as "12.09.2006". A copy of the
registration form of LKG issued under the signatures of Head
Mistress of The Wisdom Home School, Bhilwara has been
produced before us along with the Scholar Register of the same
school and the birth certificate issued by the Registrar of the
Directorate of Economic and Statistics, Bhilwara showing the date
of birth of the corpus Mst. 'M' as "12.09.2006".
6. In support of his submissions, learned AAG has produced
some other documents before this Court, wherein the date of birth
has been shown as "12.09.2006". An affidavit under the
signatures of the petitioner has also been produced showing the
date of birth of the corpus Mst. 'M' as "12.09.2006". On the
strength of these documents, learned AAG submits that the
Investigating Agency has rightly come to the conclusion that the
date of birth of the corpus Mst. 'M' is "12.09.2006".
7. The corpus Mst. 'M' has been produced before us. We have
conferred with the corpus Mst. 'M'. The corpus Mst. 'M' has stated
before us that she is 18 years of age and has studied uptill 10 th
standard. She understands her well being quite well. The date of
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birth in some of the documents has been recorded as
"09.12.2008". She has stated before us that the date of birth was
changed by her father on account of getting certain benefits from
the State Government. She consistently stated that her date of
birth is "12.09.2006". The corpus Mst. 'M' further stated that she
is not in the illegal detention of private respondent Nos.4 to 13
and she has solemnized 'Nikah' with the respondent No.4 and she
is being a major lady is well within her rights to live at a place and
a person of her own choice.
8. We have considered the submissions made before us and the
statements made by the corpus Mst. 'M'.
9. The documents of the first admission of the first school and
Scholar Register produced before us are of the year 2011-12
issued under the signature of the Head Mistress of The Wisdom
Home School, Bhilwara, wherein, the date of birth of Mst. 'M' has
been shown as "12.09.2006". In some of the other documents
including the affidavit of the petitioner, the date of birth of the
corpus Mst. 'M' has been shown as "12.09.2006", however, in
certain other documents, the date of birth has been shown as
"12.09.2008".
10. In the considered opinion of this Court, since in the
documents of the first school, the date of birth of corpus Mst. 'M is
shown as "12.09.2006" and since those documents are of the
years 2011-2012, therefore, it cannot be presumed that the
parents of the corpus at the relevant point of time have given the
incorrect/wrong date of birth of the corpus Mst. 'M' to be
"12.09.2006", more particularly, in all documents collected by the
Investigating Agency, the date of birth of corpus Mst. 'M' is found
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to be "12.09.2006". Further, although subsequently issued
documents reflect the date of birth of the corpus to be
"12.09.2008", but they will not get precedence over the
documents, which were issued in the initial stage of admission of
the corpus Mst. 'M'. Even otherwise, the subsequently issued
documents does not inspire confidence.
11. Taking into consideration the date of birth of the corpus Mst.
'M' to be "12.09.2006", we are of the view that the corpus Mst. 'M'
is 18 years of age and since she is educated and understands her
well being quite well, therefore, in view of the statements made
by her that she is not under any illegal detention of the private
respondents, we are not inclined to entertain the present habeas
corpus petition.
12. Thus the present habeas corpus petition is devoid of any
force and the same is hereby dismissed. The corpus Mst. 'M' being
a major educated lady is free to live at a place and with a person
of her own choice.
(CHANDRA SHEKHAR SHARMA),J (VINIT KUMAR MATHUR),J
1-SunilS/Shahenshah/-
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