Disposed

Mool Chand v. State of Rajasthan

Rajasthan HC2 Feb 2023HC/21/2023

Case brief

AI extract

What is this about?

In a D.B. habeas corpus petition, the Court disposed of a case where a minor girl was brought to police custody alleging abduction. The girl declared she went voluntarily to Haridwar and wished to live with her petitioner brother, whose parents have died. The Court directed the police to hand over custody to the petitioner.

What did the court decide?

Direction to the police to hand over custody of the minor to the petitioner.

Mool Chand Vs State of Rajasthan — Child Custody and Guardianship | Rajasthan HC (2023)

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[2023/RJJD/003515]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 21/2023

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Mool Chand S/o Deva, Aged About 40 Years, Resident Of Bhairu Kheda, District Bhilwara.

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----Petitioner

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Versus

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The State Of Rajasthan, Through The Secretary, Ministry Of Home Affairs, Rajasthan, Jaipur.

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The Inspector General Of Police, Udaipur Range, Udaipur.

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The Superintendent Of Police, Rajsamand.

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The Station House Officer Of Police Station, Charbhuja, District Rajsamand.

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Mukesh Kumar S/o Tulsi Ram, Resident Of Village Paraliya, Tehsil Deogarh, District Rajsamand.

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Shrawan Kumar S/o Tulsi Ram, Resident Of Village Paraliya, Tehsil Deogarh, District Rajsamand.

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----Respondents

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For Petitioner(s)	:	Mr. Ram Singh Rawal
For Respondent(s)	:	Mr. M.A. Siddiqui, AAG-cum-GA
Present in person	:	Mr. Bhanwar Singh, A.S.I., Ms. Sumitra, Female Constable, P.S. Charbhuja, District Rajsamand
		Mr. Mool Chand - petitioner

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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02/02/2023

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This habeas corpus petition has been filed by the petitioner alleging that his minor sister has been abducted by some unknown persons and in relation to that he has lodged the FIR No.2/2023 at

(2 of 2)

[2023/RJJD/003515]

[HC-21/2023]

Police Station Charbhuja, District Rajasamand on 03.01.2023 but the police have failed to trace out his minor sister.

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Pursuant to the direction given by this Court, learned AAG-cum-GA has produced the corpus through police.

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We have interacted with the corpus and she has stated that she went to Haridwar at her own and nobody abducted her. It is further stated by her that the police brought her from Haridwar. She has expressed her desire to go with the petitioner.

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The petitioner, present in person, has also submitted that he is ready to take the custody of the corpus.

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It is reported that the parents of the corpus has died long back and before missing she was residing with her aunty in village Jhilwada, District Rajsamand.

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As per the school record, collected by the police, the date of birth of the corpus is 01.09.2007 and as such, till date she is minor.

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As the parents of the corpus has already passed away and only her elder brother is in the family and she is also desirous to go with him, we deem it appropriate to dispose of this habeas corpus petition with a direction to the police to handover the custody of the corpus to the petitioner.

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Ordered accordingly.

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(PRAVEER BHATNAGAR),J

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(VIJAY BISHNOI),J

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Abhishek Kumar S.S.No.1

Mool Chand v. State of Rajasthan

Case brief

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Mool Chand v. State of Rajasthan

Case brief

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