Dismissed

Smt. Sharmila Sharma v. the State of Rajasthan

Rajasthan HC6 May 2019HC/75/2019

Case brief

AI extract

What is this about?

The High Court dismissed a habeas corpus petition regarding the wife of a missing person, Shri Shivdutt Sharma. The court found the man was hiding to avoid debt and that the kidnapping claim was a fabrication by the husband to misuse police machinery.

What did the court decide?

Petition dismissed; cost of Rs.5,000 imposed on Shri Shivdutt Sharma; applicant set at liberty; rule discharged.

Smt. Sharmila Sharma Vs the State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

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D.B. Habeas Corpus Petition No. 75/2019

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Smt. Sharmila Sharma wife of Shivdutt Sharma, by caste Sharma, aged about 44 years, resident of A-23, 801-802 Srinath, Residency, Pathik Nagar, Subhash Nagar Police Station, Bhilwara, District Bhilwara.

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----Petitioner

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Versus

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1.The State Of Rajasthan through the Secretary of Home Affairs Department, Govt of Rajasthan, Jaipur.

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Superintendent of Police, Bhilwara.

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SHO of Subhash Nagar Police Station, District Bhilwara.

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----Respondents

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For Petitioner(s) : Mr. T.R. Singh Sodha For Respondent(s) : Mr. Farzand Ali, GA cum AAG with Mr. Abhishek Purohit Mr. Ajay Kant Sharma, CI, SHO, PS Subhash Nagar, Bhilwara

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HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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06/05/2019

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The missing person Shri Shivdutt Sharma was traced out from Dehradun when his mobile phone was accidentally operated by a washerman. The factual report states that he was intentionally hiding his identity as well as his location because he owes a huge sum of money to more than 42 people in Bhilwara.

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On a pertinent question being put to Shri Shivdutt, he stated that he had gone away from Bhilwara to Dehradun of his own volition and had taken a rented premises and was intentionally avoiding to use his mobile phone so that he could avoid detention. Before going, a message was transmitted to the petitioner herein being the wife of Shri Shivdutt that her husband had been

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[HC-75/2019]

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(2 of 2)

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kidnapped and a sum of Rs.1 Crore was to be paid by way of ransom. Apparently, this was a design hatched by Shivdutt, due to which, the police machinery was misused for a significant period of time.

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We therefore, dismiss the present habeas corpus petition while imposing a cost of Rs.5,000/-on Shri Shivdutt Sharma. The cost shall be deposited with the Police Welfare Fund, Bhilwara within the next fifteen days. Shri Shivdutt Sharma shall be set at liberty forthwith. Rule is discharged.

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(VINIT KUMAR MATHUR),J

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(SANDEEP MEHTA),J

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S.S.1-praveen/-

Smt. Sharmila Sharma v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Smt. Sharmila Sharma v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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