Disposed

Kishan Kumawat v. State of Rajasthan

Rajasthan HC28 Oct 2021HC/231/2021

Case brief

AI extract

What is this about?

In this D.B. Habeas Corpus petition, the petitioner sought the return of his minor daughter whom he alleged was missing. The court noted her deposit with the petitioner by police and her voluntary wish to live with the father, thereby disposing of the petition with directions for police facilitation.

What did the court decide?

The habeas corpus petition was disposed of on the condition that the police facilitate the girl's return to her choice and expedite the FIR investigation.

Kishan Kumawat Vs State of Rajasthan — Child Custody and Guardianship | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Habeas Corpus Petition No. 231/2021

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Kishan Kumawat S/o Shri Ram Chandra, Aged About 42 Years, R/o Ward No. 5, Nawa Shahar, P.s. Nawa, District Nagaur.

¶4

----Petitioner

¶5

Versus

¶6

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

¶7

Superintendent Of Police, Nagaur.

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Station House Officer, P.s. Nawa, District Nagaur.

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The Additional Director General Of Police, Anti Human Trafficking Unit, Jodhpur.

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Sunil Verma S/o Shri Rampal, R/o Kochhor, P.s. Ranoli, District Sikar.

¶11

----Respondents

¶12

For Petitioner(s) : None present For Respondent(s) : Mr. Anil Joshi, G.A-cum-AAG Present in Person(s) : Shri Dharmesh Dayma, SHO Nawa District Nagaur Mrs. Manisha, Woman constable, PS Nawa District Nagaur

¶13

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE SUDESH BANSAL

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Judgment / Order

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28/10/2021

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The defects pointed out by the Registry are ignored.

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This Habeas Corpus Petition has been filed by the petitioner with the contention that his daughter is missing and in relation to that, he has filed a missing person report dated 23.06.2021, upon which, the FIR No.83/21 has been lodged at Police Station Nawa, District Nagaur, but the police are not making any serious efforts to trace out his daughter.

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(2 of 2)

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[HC-231/2021]

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Pursuant the directions given by this Court from time to time to the respondent-State to trace out the minor daughter of the petitioner and to produce her before this Court, she is produced before this Court today by the police through learned Public Prosecutor.

¶21

As per the school record of the corpus, her date of birth is 31^st October, 2007, as such, she has not attained majority.

¶22

Upon ascertaining wishes of the corpus by this Court, she has stated that at present, she is residing with her father and wants to live with him only. She has also specifically stated that she is not making her statement under pressure of anyone.

¶23

In view of the fact that at present the corpus is residing with the petitioner as per her own free will, no further order is required to be passed in this habeas corpus petition and the same is hereby disposed of.

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However, the police is directed to facilitate the return of the corpus to the place of her choice and the investigation into the FIR lodged by the petitioner shall be carried out expeditiously.

¶25

(SUDESH BANSAL),J (VIJAY BISHNOI),J

¶26

1-Arun/-

Kishan Kumawat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kishan Kumawat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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