Dismissed

Om Prakash Pahadia S/O Kaluram Pahadia v. State of Rajasthan

Rajasthan HC15 Mar 2019HC/59/2019

Case brief

AI extract

What is this about?

This D.B. Habeas Corpus petition was filed by Om Prakash Pahadia seeking release of his wife, Vineeta Sain, who was detained by her father. The court noted she was over 18 and wanted to live with her husband. She later expressed fear for her life. The court directed the police to accompany them safely. The petition was disposed of.

What did the court decide?

Directed the Sub-Inspector to accompany Vineeta Sain and Om Prakash Pahadia to ensure their safety and vigil against harm. The habeas corpus petition was disposed of.

Om Prakash Pahadia S/O Kaluram Pahadia Vs State of… — Quashing and FIR | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE 1 FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Habeas Corpus No. 59/2019

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Om Prakash Pahadia S/o Kaluram Pahadia, Aged About 28 Years, R/o 895, Bapu Basti, Near JDA Office, Vidhyadhar Nagar, Jaipur.

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----Petitioner

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Versus

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I. State Of Rajasthan, Through Principal Secretary, Department Of Home, Government Of Rajasthan $43 1 Y" . i

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Government ~e$rdtarlat, t 1 Jalpur. S;-. "

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1. ~ommisQoner, - jaipur Police, Commissionerate, Jaipur. 3. ssi"stnt~~ommissioner Of Police, Zone North, Jaipur. 4. .~dditional Director General Anti Human Trafficking, Police Headquarter, Jaipur.

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5. 6.	Station Hou Jaipur. Ghanshyam	se OfficewfPl&e -itiStation Vid hyad har Nagar, 8'4..ttyk F+?,> $b* ,#~'"~~,ff* ". A ,::,._rP _ ,A; ..,t."I~%1& k2"j-t*, fp.q;<$F-;b;; d".kX ,,.,_, Sa%n:,J?@1,G~41, .:,.,,,% ~idhyadhar Nagar, Jaipur '- ?,
		e.,,.,f>,,, _C_{,; .. s. kcp..-kq.p2v!2,&, ?z75;.8a ----Respondents p.&.p&,;c5YJJ;,+-(;;i* .A%&,; bc+->;?8 *'"''** "
		Q~~&?)$.-tidII~ $'>-4c-",qdk-a_ )4 . -<,A J .-.- .% *6''<%.-::;
For	Petitioner(s)	,,, :u-~;:M:r.~~ pStk, h,I._. @:.h.ee'@ C31W( ~C;7:r,i ,,I-.** pathi -
For	Respondent(~)	:rfiMr. ,N.S. Gurjar, Assistant Govt. Adv. % I! I

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;, /+$, , ;,, 2, .?I + r"+Pt *j '. ip $? ,. **mh HON'BLE MR. JUSI,&EI-WNW~&$$~SINGH AHLUWALIA**

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Present Habeas Corpus petition has been filed under Section 226 of the Constitution of India praying that Vineeta Sain wife of petitioner Om Prakash Pahadia who has been forcibly detained by her father, be set free.

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A Coordinate Bench on 07.03.2019 had directed the State Government to produce the alleged detenue in this Court.

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Today detenue Vineeta Sain has been produced in this court by S.I. Mahaveer Singh, Police Station Vidhyadhar Nagar, Jaipur.

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Vineeta Sain who is present in the Court has stated that she is more than 25 years of age. She further stated that she performed marriage with petitioner Om Prakash Pahadia and she intend to stay with him.

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r, x, Sub-Inspectdr Mghavk6r Si'ngh, Police Station Vidhyadhar a,,$aiur ,:$ ~ has stated that age of Vineeta Sain is between 2+25 years.

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Having heard learned counsel for the parties, we are @:2.$:; ,\ _3_* ,-- - of the view that detenueifle&?38in iIh..hl .;h3i rV dflFF" gr+ .... is-.more than 18 years of p*>;+. $, *.:<' c.- ' 5- **_-d<b,\s_ 7,** .*- **jeh** **2jik;-;;t$dt_** .ipp.~ I): (I age and she is entitl,edr.o:?dec~de4with j - whom she intend to reside : 3 I I' and where. 1 r _:;;7;:> '+ 4 ,: **_I<_** .?> ..r.,,-. >- ' ., ${ ; *h .# ;: j. t' , , ?' j. Consequently **** ,,, ;@.$ set ~'i&eta Sain who is produced

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before us, free to accomp$ny the ietitianer, if she so wishes.

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At this junduyvrd4 , $iet,a.in has stated that she and , ., \C... > -, 3, < 1- . - -- her husband require ,!crl [PP50tebio"'-.a:s +-: idey apprehend danger to U, ijl$"b"2 %.&\ 3, their lives at the hands:!b+f ig:.~a$hei$: , ~,..>j;!.:.?;.-;ti:L - . .= .z .. . + i $3 Conequently,+..bg yllrect. Su"b Inspector Mahaveer '( 2 .- i Singh, Police Station Vidhyadhar Nagar, Jaipur to accompany Vineeta Sain and petitioner Om Prakash Pahadia to Police Station Vidhyadhar Nagar, Jaipur, He shall record on entry in the daily diary register in this regard and thereafter convey our direction (1 to the SHO Police Station, Vidhyadhar Nagar, Jaipur City to . ensure necessary vigil that no harm is caused to the life an'd liberty of the petitioners.

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In view of the aboye, .the present habeas corpus petition is disposed of.

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A copy of this order be handed over to Mr. N.S. Gurjar Assistant Government Counsel under the seal and signature of Court Master for onward transmission and necessary compliant.

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(G R MOOtCHANDANI),J

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(KAN WALJIT SIlNGH AHLU WALIA),J

Om Prakash Pahadia S/O Kaluram Pahadia v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Om Prakash Pahadia S/O Kaluram Pahadia v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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