Allowed

Ram Lal Nayak v. the State of Rajasthan

Rajasthan HC5 Oct 2023HC/303/2023

Case brief

AI extract

What is this about?

In this D.B. habeas corpus petition, the petitioner father sought relief for his minor daughter allegedly in wrongful confinement. The court noted the minor's desire to stay with her parents and disposed of the petition accordingly, ordering her custody handed over immediately.

What did the court decide?

Petition disposed of; custody of the minor to be handed over to parents forthwith.

Ram Lal Nayak Vs the State of Rajasthan — Child Custody and Guardianship | Rajasthan HC (2023)

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[2023:RJ-JD:32978-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 303/2023

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Ram Lal Nayak S/o Shri Mangi Lal, Aged About 42 Years, Resident Of Nearby Ramdev Mandir, Raghuvanshi Mohalla, Chappari Ka Khera, Bhilwara Sadar Police Station, Bhilwara, District Bhilwara.

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----Petitioner

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Versus

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

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Superintendent Of Police, Bhilwara.

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Sho Of Bhilwara Sadar Police Station, District Bhilwara. 4. Radheyshyam S/o Utkar Gadri, Resident Of Chappari, Bhilwara Sadar Police Station, Bhilwara, District Bhilwara.

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Shanti Lal S/o Rameshwar Das, Resident Of Chappari, Bhilwara Sadar Police Station, Bhilwara, District Bhilwara.

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----Respondents

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For Petitioner(s) : Mr. Bharat Gurjar. For Respondent(s) : Mr. M.A. Siddiqui, GA – cum – AAG with Mr. Rohit Mutha. Mr. Puran Mal, CI, SHO P.S. Sadar, Bhilwara. Mr. Saroj, MFC- 1106, PS Sadar, Bhilwara.

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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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05/10/2023

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This petition in the nature of habeas corpus has been filed by the petitioner – father of minor daughter Ms ‘S’ with the allegations that the corpus was in wrongful confinement of the respondent No.5.

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[2023:RJ-JD:32978-DB]

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[HC-303/2023]

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(2 of 2)

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By order dated 11.09.2023, copy of the petition was ordered to be served to learned AAG, who was directed to file factual report. Again, time was granted on 18.09.2023 for recovering the corpus.

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Today, the corpus has been produced along with the factual report, inter-alia, indicating that the corpus has been recovered on 02.10.2023, her statement under Section 161 Cr.P.C. was recorded, whereas, she indicated that she went with the respondent No.5 on her own. Whereafter, she was lodged with Sakhi Centre, Bhilwara under the orders of the CWC, Bhilwara.

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On 04.10.2023, her statement under Section 164 Cr.P.C. was got recorded, wherein she essentially repeated what was recorded under Section 161 Cr.P.C.

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We have conferred with the corpus, she indicated that she wants to go with her parents. The corpus is admittedly minor and in those circumstances, the petition filed by the petitioner is disposed of.

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The custody of the corpus be handed over to the parents forthwith in the Court and the Sakhi Centre, Bhilwara be informed accordingly.

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(RAJENDRA PRAKASH SONI),J

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(ARUN BHANSALI),J

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44-Rmathur/-

Ram Lal Nayak v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ram Lal Nayak v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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