A habeas corpus petition filed by a man claiming no legal relationship with a minor girl was dismissed. The court held the petition did not apply for summoning the girl and constituted an abuse of process.
The petition was dismissed as it was an abuse of process and devoid of merit.
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 AT JODHPUR
D.B. Habeas Corpus Petition No. 28/2019
Achala Ram S/o Shri Bhikharam, Aged About 23 Years, By CasteJat, Resident Of Sukhmangla, P.s. Dechu, District- Jodhpur (Rajasthan).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Deepa Ram Mehra For Respondent(s) : Mr.Farzand Ali, AAG-cum-GA Mr.Jaikishan SI SHO PS Dechu
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment / Order
09/05/2019
The statement of the girl Mst. ‘S’ has been recorded by the SHO PS Dechu. She is a minor. She has denied any kind of intimate affairs with the present petitioner. Otherwise also, since
(2 of 2)
[HC-28/2019]
there is no legal relationship whatsoever between the petitioner and minor Mst. S, manifestly, he cannot be allowed to invoke habeas corpus jurisdiction of this Court so as to seek summoning of the girl in this Court. As a matter of fact, the present petition for writ of habeas corpus amounts to abuse of process of this Court, hence, the same is dismissed as being devoid of merit.
(VINIT KUMAR MATHUR),J
(SANDEEP MEHTA),J
33-1/-
Sudhir Asopa
1 issue framed by the court
Whether a man who denies any intimate relationship with a minor girl can seek her summoning by invoking habeas corpus jurisdiction.
Achala Ram
State Of Rajasthan
Director General Of Police
Inspector General Of Police
Superintendent Of Police
Sub-Divisional Officer- Shergarh
Sandeep Mehta
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
