Disposed

Smt. Sharada v. State of Rajasthan

Rajasthan HC4 Sept 2023HC/189/2022

Case brief

AI extract

What is this about?

The High Court at Jodhpur disposed of a habeas corpus petition alleging the daughter and her minor child were abducted. The Court noted the police report stating the parties appeared to have eloped and ordered continued search and investigation.

What did the court decide?

Direction to police to continue investigation into FIR and search for the missing daughter, minor child, and respondent No.4.

Smt. Sharada Vs State of Rajasthan — Rajasthan HC (2023) — LawSathi Research

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[2023:RJ-JD:27857-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 189/2022

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Smt. Sharada W/o Shri Bhalaram @ Malaram, Aged About 47 Years, R/o Ward No. 05, Chak Deidaspura, District Hanumangarh, Rajasthan Presently R/o Ward No. 06, Saharano Wali Dhani (Chak Deidaspura), Tehsil Nohar, District Hanumangarh, Rajasthan.

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----Petitioner

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Versus

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

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The Superintendent of Police, Hanumangarh, Rajasthan. 3. The Station House Officer, P.S. Nohar, District Hanumangarh, Rajasthan.

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Vinod S/o Shri Raju, R/o Kikrali, Nohar, District Hanumangarh, Rajasthan.

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Jeto W/o Shri Raju, R/o Kikrali, Nohar, District Hanumangarh, Rajasthan.

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Sanjay S/o Shri Raju, R/o Kikrali, Nohar, District Hanumangarh, Rajasthan.

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Paradeep S/o Shri Raju, R/o Kikrali, Nohar, District Hanumangarh, Rajasthan.

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----Respondents

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For Petitioner(s)	: Mr. Vinod Kumar Sihag
For Respondent Nos.	: Mr. M.A. Siddiqui, GA-cum-AAG
1 to 3	assisted by Mr. A.R. Malkani
Present in person	: Mr. Mohar Singh, S.I., P.S. Nohar, District Hanumangarh

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order

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04/09/2023

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This habeas corpus petition has been filed by the petitioner alleging that her daughter was married to one Radheshyam and

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[2023:RJ-JD:27857-DB]

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[HC-189/2022]

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(2 of 3)

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from the said wedlock, a male child was born, however, on 06.03.2022, the daughter of the petitioner along with the minor child went with the private respondents.

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Learned counsel for the petitioner has submitted that the daughter of the petitioner and the minor child were forcibly took away by the private respondents and in relation to that the petitioner lodged an FIR at Police Station Nohar, District Hanumangarh on 03.06.2022. It is submitted that despite lodging of FIR, the police are not making any effort to trace out her daughter and the minor child and also failed to get released them from the illegal detention of the private respondents.

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Pursuant to the directions given by this Court, learned AAG has furnished the factual report dated 03.09.2023, wherein the efforts carried out by the police to trace out the daughter of the petitioner and minor child are mentioned. It is also mentioned that as per the investigation conducted by the police, the daughter of the petitioner eloped with the respondent No.4 along with the minor child on 06.03.2022 as per her own free will.

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It is submitted by the learned AAG that the police have interrogated the respondent Nos.5, 6 and 7 and reached to the conclusion that there is no role of them in missing/abducting of the petitioner’s daughter.

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In the factual report, it is mentioned that despite serious efforts made by the police, whereabouts of the petitioner’s daughter, minor child and the respondent No.4 has not been known.

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[2023:RJ-JD:27857-DB]

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[HC-189/2022]

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(3 of 3)

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Learned AAG has submitted that the police are carrying out the search and will continue the same till the daughter of the petitioner, minor child and respondent No.4 are located.

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In view of the facts and circumstances of the case, the present habeas corpus petition is disposed of with a direction to the police to continue with the investigation into the FIR lodged at the instance of the petitioner and to continue the search of the corpus, minor child and respondent No.4.

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The police shall make every effort to trace out the corpus, minor child and the suspect at the earliest.

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The factual report dated 03.09.2023 be taken on record.

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(RAJENDRA PRAKASH SONI),J

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(VIJAY BISHNOI),J

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30-Payal/-

Smt. Sharada v. State of Rajasthan

Case brief

What is this about?

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Smt. Sharada v. State of Rajasthan

Case brief

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