Dismissed

Suresh Gurjar v. State of Rajasthan

Rajasthan HC20 Jul 2023HC/229/2023

Case brief

AI extract

What is this about?

In a habeas corpus petition challenging the alleged illegal detention of the petitioner's wife, the court examined statements recorded under Cr.P.C. sections 161 and 164. Finding the person to be a major adult who had recorded statements, the court dismissed the petition as it did not conclude there was wrongful detention.

What did the court decide?

No relief granted; petition dismissed.

Suresh Gurjar Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023:RJ-JD:22458-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 229/2023

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Suresh Gurjar S/o Khem Chand Gurjar, Aged About 28 Years, R/o Dev Nagar Mandir Ke Pass, Rajpurohit Ka Mohalla, Suthla, Jodhpur (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary To Home Affairs Department, Govt. Of Rajasthan, Jaipur.

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The Commissioner Of Police, Jodhpur (Raj.). 3. Station House Officer, Police Station Pratap Nagar, Jodhpur.

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Station House Officer, Police Station Bhagat Ki Kothi, Jodhpur.

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Madan Lal S/o Late Ghishu Lal Ji, R/o 41, Ramdev Ji Ka Chowk, Bhagat Ki Kothi, Jodhpur (Raj.).

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----Respondents

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For Petitioner(s)	: Mr. PradeepSingh Chouhan.
For Respondent(s)	: Mr. M.A. Siddiqui, GA – cum – AAG
	Mr. Kailashdan, CI, SHO, Pratap Nagar,Jodhpur.

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HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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20/07/2023

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This petition has been filed in the nature of habeas corpus with the allegations that his wife Ms. ‘P’ is in illegal detention of respondent No.5.

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A copy of the petition was ordered to be served on learned AAG, who has filed a factual report, inter-alia, indicting that the corpus in her statements under Section 161 Cr.P.C. as well as

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[2023:RJ-JD:22458-DB]

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[HC-229/2023]

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(2 of 2)

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Section 164 Cr.P.C., has made serious allegations against the petitioner, leading to the purported marriage between them and that she has clearly indicated her wishes to be with her parents.

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Learned counsel for the petitioner made submissions that the statements have been recorded under pressure of the family members and therefore, the corpus be ordered to be produced before this Court.

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Having gone through the statements and looking to the fact that the corpus is a major of age 22 years, a student of B.A. Final year, who has recorded her statements under Sections 161 & 164 Cr.P.C., we are not inclined to come to a conclusion that the corpus is in wrongful detention of the respondent No.5 - her father, as alleged.

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In so far as a plea raised pertaining to the marriage having been performed between the parties, the petitioner would be free to take appropriate proceedings in accordance with law.

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In view of the above, the petition stands dismissed.

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(RAJENDRA PRAKASH SONI),J

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(ARUN BHANSALI),J

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3-Rmathur/-

Suresh Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Suresh Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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