Dismissed

Ram Lakhan v. State Medical and Healthors

Rajasthan HC19 Jan 2015HC/159/2014

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed a habeas corpus petition filed by the father of the alleged victim. The court observed that the detenue had been recovered, her statement recorded, and the investigation was underway. Since the accused were in judicial custody or a charge sheet was filed, the court found no justification to prosecute the matter further.

What did the court decide?

The habeas corpus petition is dismissed, with the law taking its own course in reference to FIR No. 363/2014.

Ram Lakhan Vs State Medical and Healthors — Child Sexual Offences (POCSO) | Rajasthan HC (2015)

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I n The Hi gh Cour t of Judi cat ur e f or Raj ast han Jai pur Bench, Jai pur O R D E R D. B. Habeas Cor pus Pet i t i on No. 159/ 2014

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Dat e : 19/ 01/ 2015

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Hon' bl e Mr . Just i ce Aj ay Rast ogi Hon' bl e Mr . Just i ce Pr akash Gupt a

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None pr esent f or pet i t i oner . Ms. Meenakshi Par eek, Dy. GA f or r espondent . Ms. Seema Bhar t i , ACP Mansar ovar , pr esent i n per son.

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I nst ant pet i t i on came t o be f i l ed by f at her of t he al l eged det enue Kr i shna Meena and t he FI R whi ch was r egi st er ed at hi s i nst ance no. 363 dt . 21. 06. 2014 at Pol i ce St at i on Shi pr a Pat h, Jai pur Ci t y ( Sout h) - wr ongl y ment i oned i n t he FI R as ( East ) , when no act i on was t aken by t he I nvest i gat i ng Of f i cer despi t e t her e was an al l egat i on of her daught er bei ng i l l egal l y abduct ed by t he per son who i s named & al so i mpl eaded as r espondent - 5 i n t he i nst ant pet i t i on, t he pet i t i oner appr oached t o t hi s Cour t by

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f i l i ng i nst ant pet i t i on.

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Af t er t he det enue was r ecover ed her st at ement was r ecor ded u/ S 164 Cr . P. C. on 14. 07. 2014 and al so by t he Deput y Regi st r ar ( Judi ci al ) on 16. 07. 2014 under t he or der s of t hi s Cour t , whi ch i s as ver bat i m t he same as was st at ed by her i n ear l i er st at ement r ecor ded u/ S 164 Cr . P. C. Af t er goi ng t hr ough t he st at ement s of t he det enue r ecor ded u/ S 164 Cr . P. C. & by t he Deput y Regi st r ar ( Judi ci al ) under t he or der s of t he Cour t on 16. 07. 2014, cust ody of t he det enue was handed over t o her par ent s but t he mat t er kept pendi ng t o awai t t he f i nal r epor t of t he i nvest i gat i on under t aken i n r ef er ence t o t he FI R No. 363/ 2014 and t he Regi st r y was di r ect ed t o l i st

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t he case bef or e t he Cour t as soon as i nt i mat i on/ r epor t sent by SHO, PS- Shi pr a Pat h, Mansar ovar i s r ecei ved on concl usi on of t he i nvest i gat i on.

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I t i s i nf or med t o t hi s Cour t t hat FI R has been r egi st er ed u/ S 363, 376D I PC & Sec. 3/ 4 of POCSO Act and char ge- sheet has been f i l ed agai nst Nar esh Meena who i s under j udi ci al cust ody si nce 05. 08. 2014 and Shi v Meena who as i nf or med i s mi nor i s now i n Chi l d Home si nce 23. 07. 2014. However , i t has been i nf or med t o t hi s Cour t t hat char ge- sheet may be f i l ed agai nst hi m al so i n a week or so, at t he same t i me i t i s al so i nf or med t hat agai nst t he ot her co- accused Dhar i ya i nvest i gat i on i s pendi ng u/ S 173( 8) of t he Code.

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Si nce t he det enue i s no mor e under i l l egal cust ody and t he char ge- sheet has been f i l ed and t he i nvest i gat i on t aki ng pl ace cer t ai nl y may r each t o i t s concl usi on, under t hese f act s & ci r cumst ances we do not f i nd any j ust i f i cat i on t o pr osecut e t he mat t er any f ur t her .

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Consequent l y, t he habeas cor pus pet i t i on st ands di smi ssed. However , t he l aw may t ake i t s own cour se i n r ef er ence t o t he pr esent FI R No. 363/ 2014.

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( Pr akash Gupt a) , J. ( Aj ay Rast ogi ) , J.

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VS/

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Certificate - All corrections have been incorporated in the judgment/ order being emailed/ Vijay Singh Shekhawat/ PAJW

Ram Lakhan v. State Medical and Healthors

Case brief

What is this about?

What did the court decide?

Ram Lakhan v. State Medical and Healthors

Case brief

What is this about?

What did the court decide?

What the court decided

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