Dismissed

Ramjeet v. State of Rajasthan

Rajasthan HC11 Sept 2023HC/268/2023

Case brief

AI extract

What is this about?

A D.B. habeas corpus petition filed by a father alleging his daughter's missing status and apprehension of illegal detention. The daughter was produced before the court and stated she left voluntarily and resides with a respondent of her free will. The petition was dismissed as no case for habeas corpus existed.

What did the court decide?

Writ of habeas corpus dismissed. Police directed to facilitate return of the minor to the place of her choice.

Ramjeet Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2023)

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[2023:RJ-JD:28678-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 268/2023

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Ramjeet S/o Shri Shivlal, Aged About 41 Years, Village 12 Sad, 34 N.p., Tehsil Raisinghnagar, District Sriganganagar, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Department Of Home, Govt. Of Rajasthan, Secretariat, Jaipur.

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The Director General Of Police (Crimes), Jaipur, Rajasthan.

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The Superintendent Of The Police, District Sriganganagar (Raj.).

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The Station Head Officer Police Station Raisinghnagar, District Sriganganagar (Raj.).

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Hemraj Parjapat S/o Shri Ramkishan Parjapat, Gubera, Police Station Masalpur, District Karauli (Raj.).

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----Respondents

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For Petitioner(s) : Mr. S. R. Godara For Respondent(s) : Mr. M. A. Siddiqui, GA-cum-AAG Present in person : Mr. Mahaveer Prasad, CI/SHO Mrs. Anju, Female Constable (1929) PS Raisinghnagar

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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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11/09/2023

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The instant habeas corpus petition has been filed by the petitioner stating that his daughter is missing since 17.05.2023 and in relation to that, a missing person report has been lodged at Police Station Raisinghnagar on 18.05.2023, however, the Police are not making any efforts to trace out his daughter and he has an

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[2023:RJ-JD:28678-DB]

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[HC-268/2023]

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(2 of 3)

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apprehension that she may be in illegal detention of respondent No.5.

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On 01.09.2023, learned AAG furnished the factual report dated 31.08.2023, wherein it was mentioned that as per the Police investigation, the corpus was major and left the house of the petitioner at her own. It was also mentioned in that factual report that at that time, the location of the corpus was at Karoli and she was residing with the respondent No.5 as per her own free will. It was also mentioned in the factual report that the police recorded the statement of the corpus, wherein she stated that she left her house at her own and residing with the respondent No.5 as per her own free will.

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Since none was present on behalf of the petitioner on 01.09.2023, this Court directed the respondents to produce the corpus before this Court today.

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Today, the corpus is produced before this Court.

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We have interacted with the corpus in the presence of her parents and she has stated that she was in contact with the respondent No.5 through Instagram and left her house on 17.05.2023 at her own. She also stated that at present, she is residing with respondent No.5 as per her own free will and she is not in illegal detention of him. She has further stated that she has interacted with her parents today and though they insisted her to accompany them, but she flatly refused to go with them.

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Having gone through the above facts and circumstances of the case particularly the fact that the corpus is major as her date of birth is 17.12.2003; she is residing with respondent No.5 as per her own free will and is not in illegal detention of him, we do not

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[2023:RJ-JD:28678-DB]

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[HC-268/2023]

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(3 of 3)

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find any case for issuing writ of habeas corpus. Hence, this habeas corpus is dismissed.

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The Police are directed to facilitate the return of the corpus to the place of her choice while providing her full security.

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(RAJENDRA PRAKASH SONI),J

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(VIJAY BISHNOI),J

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43-AjaySingh/-

Ramjeet v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramjeet v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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