Allowed

Chhotu v. the State of Rajasthan

Rajasthan HC1 Aug 2023HC/219/2023

Case brief

AI extract

What is this about?

In a D.B. habeas corpus petition alleging illegal detention of a minor daughter, the High Court of Rajasthan noted the girl's willingness to return to her parents after interaction. The Court directed the police to hand over custody to the petitioner.

What did the court decide?

Police directed to handover custody of the minor to the petitioner and his wife; parents directed not to harass her.

Chhotu Vs the State of Rajasthan — Child Custody and Guardianship | Rajasthan HC (2023)

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[2023:RJ-JD:24384-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 219/2023

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Chhotu S/o Hajari, Aged About 45 Years, Resident of Kanya Baori, Chang, Pali, Rajasthan.

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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 Superintendent of Police, Pali.

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The Station House Officer of Police Station Sendada, District Pali.

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Pintu S/o Neera, Resident of Badiya Khajurian, Naal, Shekhawas, Rajsamand, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Avinash Bhati For Respondent(s) : Mr. M.A. Siddiqui, AAG-GA Present in person : Mr. Chhotu – petitioner Mr. Dhola Ram, S.H.O., Ms. Rekha, M.F.C. Police Station Sendara, District Pali

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

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Order

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01/08/2023

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This habeas corpus petition has been filed by the petitioner alleging that his minor daughter was missing since 21.04.2023 and in relation to that he lodged a complaint with the police which resulted into FIR No.91/2023 at Police Station Sendara, District Pali. It is contended that despite repeatedly approaching the police, the police have failed to trace out his daughter and as per his information, she is in illegal detention of respondent No.4.

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(2 of 3) [HC-219/2023]

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[2023:RJ-JD:24384-DB]

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Pursuant to the notice issued by this Court, learned AAG-cum-GA has produced the corpus through police before this Court today.

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As per the documents collected by the police during the course of investigation, the date of birth of the corpus is 08.08.2008. The police have also recorded the statements of corpus under Sections 161 and 164 Cr.P.C., wherein she has stated that she eloped with the respondent No.4 as per her own free will and also stated that the respondent No.4 has not done anything wrong with her.

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During the course of investigation, the police traced out the corpus and produced her before the Child Welfare Committee, Pali. As the corpus refused to go with her parents, she was lodged at Balika Grah Jodhpur as per the order passed by the Child Welfare Committee, Pali.

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We have interacted with the corpus and initially she was not willing to go with her parents, however, this Court has granted her some time to interact with her parents and after interaction with them, she has expressed her willingness to go with her parents.

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The parents of the corpus, present in person, have stated before this Court that they will not harass her, misbehave with her and will take every care of her.

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Since the corpus has expressed her desire to go with her parents, we deem it appropriate to direct the police to handover the custody of the corpus to her parents i.e. petitioner and his wife. The parents of the corpus i.e. petitioner and his wife are directed not to harass the corpus and to take good care of her.

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[2023:RJ-JD:24384-DB]

[HC-219/2023]

Ordered accordingly.

(3 of 3)

With these observations, this habeas corpus petition is

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disposed of.

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(RAJENDRA PRAKASH SONI),J

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(VIJAY BISHNOI),J

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Abhishek Kumar S.S.No.1

Chhotu v. the State of Rajasthan

Case brief

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Chhotu v. the State of Rajasthan

Case brief

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