Dismissed

Baxaram S/O Shri Moolaram v. State of Rajasthan

Rajasthan HC15 Apr 2019HC/72/2019

Case brief

AI extract

What is this about?

Writ petition filed by a father seeking custody. Court recorded statement of the daughter and her fiancé who voluntarily married. Directed police to ensure their safety and transport to their residence in Nagaur and forbade further investigation into specific IPC offences.

What did the court decide?

Directed police to provide security and take Nikita and Chainaram to Peelwa, District Nagaur; refrained from further investigation under Sections 363, 342, 379 IPC.

Baxaram S/O Shri Moolaram Vs State of… — Child Custody and Guardianship | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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D.B. Civil Writ Petition (Habeas Corpus) No. 72/2019

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Baxaram S/o Shri Moolaram, Aged About 50 Years, By Caste Jat, Resident Of Naino Ki Dhani Village Kherkedi P.s. Roopangarh District Ajmer.

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----Petitioner

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Versus

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State Of Rajasthan, Through Home Secretary, Department Of Home, Secretariat, Jaipur.

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The Director General Of Police, Police Headquarter, Jaipur.

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The Addl. Director General Of Police, Anti Human Trafficking Unit, Jaipur.

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The Superintendent Of Police, Ajmer.

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The Station House Officer (Sho), Police Station Roopangarh District Ajmer.

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Purkharam S/o Shri Harji, Resident Of Peelwa, P.s. Peelwa District Nagaur.

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Chainaram S/o Shri Shri Harji, Resident Of Peelwa, P.s. Peelwa District Nagaur.

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Mukesh S/o Sahedev Jat (Bijarania), Resident Of Naino Ki Dhani Village Kherkedi P.s. Roopangarh District Ajmer.

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Sahedev S/o Moti Ram Jat, Resident Of Naino Ki Dhani Village Kherkedi P.s. Roopangarh District Ajmer.

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Panchi Devi W/o Sahedev, Resident Of Naino Ki Dhani Village Kherkedi P.s. Roopangarh District Ajmer.

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Motiram S/o Shri Malaram Jat, Resident Of Laga Ki Dhani, Village Harsore, Tehsil Degana, Police Station Peelwa, District Nagaur.

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----Respondents

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For Petitioner(s) For Respondent(s)

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: Mr. M.F. Baig. : Mr. N.S. Gurjar, Addl. G.A. Mr. R.S. Tanwar. Mr. Sangram Singh, S.I. S.H.O., P.S. Roopangarh, District Ajmer present in person.

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(2 of 3)

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[HC-72/2019]

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HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Order

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15/04/2019

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Corpus Nikita was produced before the Court today by Mr. Sangram Singh, S.I. S.H.O., Police Station Roopangarh, District Ajmer. Registrar (Judicial) of this Court was directed to record the statement of the corpus.

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Statement of the corpus Nikita has been recorded by the Registrar (Judicial) of this Court. Nikita is major and she in her statement has stated that her marriage was solemnized with Chainaram in the childhood but later on her parents did not want to send her to Chainaram. She wanted to go to Chainaram. On 12.02.2019, she left her home without informing her parents and went to her friend Pinky. After two days, she returned back to home. Thereafter, on 16.02.2019, she again left her home and went to Chainaram. She and Chainaram again solemnized marriage at Surat. She wants to stay with her husband, Chainaram. Her parents have lodged a false report against Chainaram and his family members on allegation of theft of cash and jewellery. He has neither committed any theft nor taken any jewellery.

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Chainaram is also present in the Court.

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Having regard to the aforesaid statement of Nikita, we direct Mr. Sangram Singh, S.I., S.H.O., Police Station Roopangarh, District Ajmer who is present in the Court provide security to both of them i.e. Nikita and Chainaram and take them safely to Peelwa, District Nagaur, where they live. The police is also refrained from

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(3 of 3) [HC-72/2019]

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carrying any further investigation into F.I.R. 33/2019 registered at Police Station Roopangarh, District Ajmer for offence under Sections 363, 342, 379 IPC against Nikita and Chainaram.

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With the aforesaid directions, habeas corpus petition

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stands dismissed.

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(GOVERDHAN BARDHAR),J

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(MOHAMMAD RAFIQ),Acting CJ

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MANOJ NARWANI /7

Baxaram S/O Shri Moolaram v. State of Rajasthan

Case brief

What is this about?

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Baxaram S/O Shri Moolaram v. State of Rajasthan

Case brief

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