Allowed

Raman S/O Shri Bharat Singh v. State of Rajasthan

Rajasthan HC14 Feb 2022HC/26/2022

Case brief

AI extract

What is this about?

This order allows a D.B. Habeas Corpus petition filed by a petitioner to secure the release of his wife, who was in police custody. The court noted her declaration of desire to stay with the petitioner and directed the SHO to escort her to the petitioner's residence.

What did the court decide?

Petitioner's habeas corpus petition allowed; corporate respondent (wife) directed to be escorted by SHO to petitioner's residence.

Raman S/O Shri Bharat Singh Vs State… — Constitutional and Fundamental Rights | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Habeas Corpus Petition No. 26/2022

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Raman S/o Shri Bharat Singh, aged about 29 years, Resident of Sirthala, Police Station Nagar, District Bharatpur, Raj.

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----Petitioner

¶5

Versus

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State of Rajasthan, through the Secretary, Department of Homes, Secretariat, Jaipur.

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Director General of Police, Rajashtan, Jaipur.

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Superintendent of Police, Bharatpur.

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S.H.O. Police Station Halena, District Bharatpur,

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Viram, S/o Shri Patli, Resident of Gujare Khedli, Police Station Halena, District Bharatpur.

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----Respondents

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For Petitioner(s) : Mr. Gurvindra Singh For Respondent(s) : Mr. Arvind Kumar Berwal Mr. N.S. Gurjar, Asst. Govt. Adv. Mr. Vijay Singh, S.H.O. Police Station Halena Ms. Suman (Belt No.149)

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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14/02/2022

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Petitioner has preferred this Civil Habeas Corpus

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Petition.

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Corpus was produced before the Court by Mr. Vijay Singh, S.H.O., Police Station-Halena.

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It is contended by counsel for the petitioner that the corpus is married to the petitioner. S.B. Criminal Misc. Petition No.39/2022 was filed by corpus and the petitioner, in which

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[HC-26/2022]

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(2 of 3)

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protection order was passed in favour of them. The wish of the corpus was ascertained by the Court. She has stated before the Court that she has married the petitioner. She is illiterate, she never visited any school and she wants to go with the petitioner.

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Counsel appearing for the respondent No.5 contends that the corpus is a minor. A birth certificate and T.C. has been shown to the Court, where date of birth of the corpus is mentioned as 02.02.2007.

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Learned Assistant Govt. Advocate appearing for the State has submitted a report and has stated before the Court that no documents with regard to birth or schooling was produced before the Investigating Officer. Therefore, the corpus was subjected to medical examination by a medical board and medical board has given report that the corpus is above eighteen and below twenty. Corpus in her statement recorded under Section 164 has stated that she has married the petitioner and she wants to stay with the petitioner.

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6. We have considered the contentions.

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T.C. and birth certificate documents are of January, 2022. Corpus has put her thumb impression at the time when the marriage took place before the Arya Samaj . She has specifically stated before the Court that she is illiterate and she never visited any school. As per the report of the medical board, the corpus is above eighteen and below twenty. Corpus and petitioner already have a protection order from the Court. Corpus has clearly stated that she wants to go with the petitioner, hence, having considered

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[HC-26/2022]

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(3 of 3)

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the facts and circumstances of the case, we deem it proper to allow the habeas corpus petition.

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Habeas corpus petition is accordingly, allowed. Corpus is free to go with the petitioner.

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Mr. Vijay Singh, S.H.O., Police Station-Halena is directed to escort the corpus to the residence of the petitioner.

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(ANOOP KUMAR DHAND),J

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(PANKAJ BHANDARI),J

¶34

CHANDAN /1

Raman S/O Shri Bharat Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Raman S/O Shri Bharat Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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