Writ petitioner filed habeas corpus petition challenging illegal detention of his live-in partner by her mother and grandmother. Court privileged factual report where corpus stated she resides with in-laws of her own free will, finding no merit in petition.
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[2023:RJ-JD:21290-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 214/2023
Jamil Kazi S/o Shri Murad Ali, Aged About 38 Years, By Caste Musalman, Resident of Near Government Parakh Balika School, Ward No. 11, Akbar Baba Road, Churu (Rajasthan).
----Petitioner
Versus
----Respondents
| For Petitioner | : Mr. Shambhoo Singh |
|---|---|
| For Respondent Nos.1 to 5 | : Mr. M.A. Siddiqui, AAG-cum-GA |
| Present in person | : Mr. Girdhari Lal, A.S.I., |
| Police Station Kotwali Churu, District Churu |
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
13/07/2023
This habeas corpus petition has been filed by the petitioner stating that he was living with the corpus in live-in-relationship
(2 of 2)
[2023:RJ-JD:21290-DB]
[HC-214/2023]
from last two years, however, the respondent Nos.6 and 7, who happened to be the mother and grandmother of the corpus, have illegally detained her and are not allowing her to live with him.
Pursuant to the direction given by this Court, learned AAGcum-GA has submitted the factual report dated 12.07.2023, wherein it is mentioned that the police have recorded the statements of corpus on 04.07.2023 on the complaint filed by the petitioner before the Superintendent of Police, Churu. The corpus, in her statement, has stated that she knows the petitioner and once went with him at Delhi and Jaipur, however, later on, she returned to her in-laws house and at present she is residing with her in-laws at Maharashtra as per her own free will. The corpus has specifically stated in her statement that she is not in illegal detention of any person.
Having heard learned counsel for the parties and after perusing the statements of corpus recorded by the police on 04.07.2023 and taking into consideration the fact that the corpus is major, we don’t find any merit in this habeas corpus petition and the same is, therefore, dismissed.
The factual report dated 12.07.2023 be taken on record.
(RAJENDRA PRAKASH SONI),J
(VIJAY BISHNOI),J
Abhishek Kumar S.No.6
1 issue framed by the court
Whether the transfer of living-in-relationship to live with respondent nos. 6 and 7 constitutes illegal detention amenable to habeas corpus.
Jamil Kazi
Smt. Safiya
Smt. Sabira
State of Rajasthan through Principal Secretary
Superintendent of Police, Churu
Supt. of Police, Amarawati
VIJAY BISHNOI
RAJENDRA PRAKASH SONI
As recorded by the court registry
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