In a D.B. habeas corpus petition, the High Court ordered the immediate release of a major corporate ward from Nari Niketan to reside with the petitioner, granting protection due to apprehended threats against her life.
Corpus allowed to be set at liberty from Nari Niketan, Jodhpur forthwith to reside with the petitioner.
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 JODHPUR
D.B. Habeas Corpus Petition No. 69/2019
Sunil
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. H.R. Vishnoi For Respondent(s) : Mr. Abhishek Purohit, Associate to Mr. Farzand Ali, AAG-cum-GA Ms. Diksha Chauhan, CI PS Mahila Police Station Barmer
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
15/05/2019
The corpus Mst. ‘K’ is present in the Court. In furtherance of the direction given by this Court on 11.04.2019, the Special Court, POCSO Act Cases, Balotra, has concluded the trial against the petitioner Sunil Valmiki with whom, the corpus wants to reside. Today also, the corpus Mst.K present in the Court states that she is desirous of going with the present petitioner only and apprehends threat to her life, if sent with her parents. The corpus is admittedly a major. Thus, she shall be set at liberty from Nari Niketan, Jodhpur forthwith. She is free to proceed as per her desire. She shall be provided adequate protection, in case any threat perception is felt to her life.
The habeas corpus petition is disposed of. Rule is discharged.
(VINIT KUMAR MATHUR),J
(SANDEEP MEHTA),J
17-1/-
2 issues framed by the court
Whether a major corpus ward desirous of residing with the petitioner is entitled to liberty from Nari Niketan with protection?
Whether the habeas corpus petition alleging apprehension of threat to life of the major corpus warrants discharge of rule and liberty?
Sunil
State Of Rajasthan
Sandeep Mehta
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
