This habeas corpus petition concerning the illegal detention of a 14-year-old child corpus was disposed of after the child expressed a desire to return to her parents. The Court ordered the release of custody to the parents, while noting that the pending criminal case continues.
Custody of the corpus was directed to be given to her parents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Habeas Corpus No. 13/2019
Raghuveer Son Of Shri Ramphal, Aged About 42 Years, Resident Of Jatav Basti, Hindauncity, Hindaun, Karauli,rajasthan.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr.Raghuveer and Mrs.Geeta – parents of the corpus – present in person |
|---|---|
| For Respondent(s) | : Mr.Brijesh Gupta, PA to GA-cum-AAG Mr.Vinod Kumar, SHO, PS- Hindaun City, District Karauli, IO Ms.Omvati, Mahila Constable 726, PS – Hindaun City, District Karauli |
HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Judgment
18/02/2019
This petition in the nature of habeas corpus has been filed alleging illegal detention of corpus Ashu Kumari.
In pursuance of the directions of this Court, corpus has been recovered and produced today. She is at the age of fourteen years. Her statement has been recorded under Section 164 Cr.P.C.
(2 of 2)
[HC-13/2019]
and it is informed by the Investigating Officer, present in the Court that accused has been arrested. The corpus has shown her desire to go with her parents, present in the Court.
In view of the above, the Investigating Officer is directed to give custody of the corpus to her parents, present in the Court.
With the aforesaid, the habeas corpus petition is disposed of.
The disposal of this petition would, however, not affect the pending criminal case registered for the offence under Sections 363, 366 and 376 IPC apart from the offence under the Protection of Children from Sexual Offences Act, 2012.
(ASHOK KUMAR GAUR),J
Preeti/10
2 issues framed by the court
Whether the corpus (child) should be handed over to her parents after recovery.
Whether the disposal of the habeas corpus petition affects the pending criminal case against the accused.
5 provisions across 3 enactments
Raghuveer Son Of Shri Ramphal
State Of Rajasthan
Arun Son Of Shri Ashok Jatav
Munishwar Nath Bhandari
Ashok Kumar Gaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
