Judged an adult detenue's habeas corpus petition as not establishing illegal detention but directed police to ensure her safe travel to her spouses location due to apprehended parental danger.
Petition dismissed; police directed to take detenue in safe custody and ensure safe journey to her destination.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Habeas Corpus Petition No. 294/2021
Kailash Chand Jogi S/o Shri Bhagwan Sahai, aged about 48 years, R/o Village Manpuriya, Tehsil Nangal Rajawatan, District Dausa.
----Petitioner
Versus
....Respondents
----Accused Respondents
For Petitioner(s) : Mr. Shamsuddin Ansari, Advocate For Respondent(s) : Mr. Javed Choudhary, PP Mr. Chatar Singh, ASI, Police Station, Nangal Rajawatan, District Dausa is present
HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
(2 of 2)
[HC-294/2021]
18/11/2021
Today alleged detenue Mst. M. has been produced before this Court. Her signature has been obtained on Court's order sheet and she has been identified by police personnel, who produced her before this Court.
Mst. M. submits that she is about 23 years of age. She further submits that on 7.9.2020 she solemnized marriage with Vikas. Now she is pregnant and wants to reside with him. She is apprehending danger from her parents.
Heard the learned counsel for the parties and perused the relevant material on record.
It is an admitted fact that detenue Mst. M. is major. Alleged Mst. M. being major, it cannot be said that she is in illegal detention. She is free to go wherever she wants to go and reside with whom she wants to reside. She cannot be compelled to go and reside against her wishes.
The habeas corpus petition is accordingly dismissed.
However, since the alleged detenue Mst. M. is apprehending danger from her parents, the police personnel who produced her before this Court, are directed to take her in safe custody and leave wherever she wants to go and ensure that no harm is caused to her during the course of journey.
A copy of this order, under the seal and signature of the Assistant Registrar / Court Master, be handed over to the police personnel, who produced the alleged detenue Mst. M. before this Court.
(UMA SHANKER VYAS),J
(PRAKASH GUPTA),J
DK/1
2 issues framed by the court
Whether a major adult detenue can be held in illegal detention.
Whether the police should ensure safe custody and unimpeded movement of an adult alleging parental danger.
Mst. M.
State of Rajasthan Through Secretary, Home Department
Prakash Gupta
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
