Dismissed

Dinesh Jat Son of Shri Kalyan Sahai v. State of Rajasthan

Rajasthan HC10 Jul 2023HC/202/2023

Case brief

AI extract

What is this about?

The D.B. High Court dismissed the habeas corpus petition seeking the production of the petitioner's wife. The corpus, now of majority age, lived in a live-in relationship with a third respondent and declined to meet the petitioner despite the court's order for interaction.

What did the court decide?

Corpus deposited Rs. 25,000/- demand draft handed to her by Registrar; petitioner directed to avail other legal remedies.

Dinesh Jat Son of Shri Kalyan Sahai… — Constitutional and Fundamental Rights | Rajasthan HC (2023)

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[2023:RJ-JP:13711-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Habeas Corpus Petition No. 202/2023

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Dinesh Jat Son Of Shri Kalyan Sahai, Aged About 23 Years, Resident Of Manglam Vihar, Bandh Ke Dhani Ke Paas, Mandoliyon Ki Dhani, Police Station Harmada, Jaipur (Raj.). (Husband Of Abducted Wife Mamta).

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----Petitioner

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Versus

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State Of Rajasthan, Through Home Secretary, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

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Director General Of Police, Police Headquarter, Jaipur (Raj.).

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

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Deputy Commissioner Of Police, Jaipur West, Jaipur (Raj.).

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S.H.O. Of Police Station Harmada, District Jaipur City (West), Jaipur (Raj.).

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District Collector, Jaipur Metropolitan Jaipur (Raj.).

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Mukesh Son Of Gopal, Resident Of Jaton Ki Colony, Phagi, District Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Shrawan Gupta For Respondent(s) : Mr. Suresh Kumar & Mr. Ramji Lal For State : Mr. N.S. Gurjar, Asstt. Govt. Adv. Mr. Rajesh Gautam, C.I., SHO Police Station Harmada, Jaipur with Ms. Maya, F.C.-7970, present-inperson.

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

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Order

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10/07/2023

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[2023:RJ-JP:13711-DB]

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[HC-202/2023]

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(2 of 2)

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Petitioner has preferred this habeas corpus petition seeking production of the corpus who is stated to be wife of the petitioner. 2. In compliance of the order dated 28.06.2023, corpus has been produced before the Court by Mr. Rajesh Gautam, C.I., S.H.O. Police Station Harmada, Jaipur and Ms. Maya, F.C.-7970.

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We have interacted with the corpus. Corpus has stated before us that she is living in live-in-relationship with respondent No.7-Mukesh Kumar Jat and they have also obtained a protection order from the High Court in S.B. Criminal Writ Petition No.1192/2023. She has clearly stated that when she got married with petitioner, she was a minor and now she is living in live-inrelationship with respondent No.7-Mukesh Kumar Jat from last four years. She has also declined meeting the petitioner in the Court.

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Since, corpus is a major and is not inclined to meet the petitioner and has already obtained a protection order from the High Court, we do not find any force in the habeas corpus petition. 5. The present Habeas Corpus Petition is accordingly, dismissed. Stay application stands disposed of. 6. Petitioner was directed to deposit a demand draft of Rs.25,000/- drawn in favour of the corpus with the Registrar (Judicial). Registrar (Judicial) is now directed to hand over the same to the corpus today itself.

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However, petitioner would be free to avail the remedy available to him under the law.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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AMIT4

Dinesh Jat Son of Shri Kalyan Sahai v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dinesh Jat Son of Shri Kalyan Sahai v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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