Disposed

Ramcharan Sain S/O Shri Bajrang Lal Sain v. State of Rajasthan

Rajasthan HC12 Jul 2023HC/170/2023

Case brief

AI extract

What is this about?

In a habeas corpus petition regarding a minor girl petitioner's daughter who refused to return, the court directed police to deposit the child with the Balika Grih, Gandhi Nagar, Jaipur, until she attains majority.

What did the court decide?

Direction to police to deposit the minor girl with Balika Grih, Jaipur, pending majority; prohibition of others meeting her; bail to parents subject to verification.

Ramcharan Sain S/O Shri Bajrang Lal Sain Vs… — Child Custody and Guardianship | Rajasthan HC (2023)

¶1

[2023:RJ-JP:14036-DB]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

D.B. Habeas Corpus Petition No. 170/2023

¶4

Ramcharan Sain S/o Shri Bajrang Lal Sain, Aged About 45 Years, R/o At Present House No. 22 Pratap Nagar, B, Rampura Road, Sanganer Jaipur (Raj.)

¶5

----Petitioner

¶6

Versus

¶7

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

¶8

The Police Commissioner, Police Commissionerate, Jaipur Metrocity Jaipur.

¶9

The Sho, Police Station Muhana, District Jaipur City (South), Jaipur.

¶10

The Additional Director General Of Police, Anti Human Trafficking Unit Jaipur (Raj.)

¶11

Banti Kumar S/o Shri Kaluram, R/o Nadi Ka Rasta, Naunera, Pipalda, Kota- 325004.

¶12

----Respondents

¶13

For Petitioner(s) : Mr. B.R. Choudhary, Adv. For Respondent(s) : Mr. N.S. Gurjar, AGA Mr. Neki Ram, ASI, Muhana, Jaipur Ms. Chhoti, MFC-11432 Mr. Narayan Singh Choudhary, Adv. Ms. Sarika Choudhary, Adv.

¶14

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

¶15

Order

¶16

12/07/2023

¶17

Petitioner has preferred this habeas corpus petition seeking production of the corpus who happens to be daughter of the petitioner.

¶18

Corpus has been produced before the Court by Mr. Neki Ram, ASI, Muhana, Jaipur.

¶19

[2023:RJ-JP:14036-DB]

¶20

[HC-170/2023]

¶21

(2 of 2)

¶22

We have interacted with the corpus and perused the documents annexed with the petition.

¶23

As per the School Certificate, the date of the birth of the corpus is 10.05.2006. Corpus is a minor girl, who is not willing to go with the petitioner and has expressed her desire to stay at Balika Grih.

¶24

Since corpus is a minor girl and does not wish to go with the petitioner, we deem it proper to direct the police authorities to deposit the corpus with the Balika Grih, Gandhi Nagar, Jaipur. Balika Grih, Gandhi Nagar, Jaipur is directed not to permit anyone to meet the corpus other than the parents.

¶25

The corpus should be retained in the Balika Grih, Gandhi Nagar, Jaipur till she attains majority i.e. 10.05.2024. However, if during the intervening period, the corpus wishes to go with her parents, she may be sent with her parents, after necessary verification.

¶26

Habeas corpus petition is accordingly, disposed of.

¶27

A copy of this order be provided to the learned AGA for due compliance and a copy of this order be also sent to the Superintendent, Balika Grih, Gandhi Nagar, Jaipur.

¶28

(BHUWAN GOYAL),J

¶29

(PANKAJ BHANDARI),J

¶30

CHANDAN /14

Ramcharan Sain S/O Shri Bajrang Lal Sain v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramcharan Sain S/O Shri Bajrang Lal Sain v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mohabbat S/O Ali Sher Vs State of Rajasthan

Gulab Wife of Shri Rambhajan @ Bhajan Vs State of Rajasthan

Rajesh Saini Son of Sh. Birbalram Saini Vs State of Rajasthan

Rameshwar Prasad Son of Phool Chand Vs State of Rajasthan

Reena Sharma Wife of Chhotak Sharma Vs State of Rajasthan

Bhanwar Lal Kharol S/O Sh. Mngi Lal Vs State of Rajasthan