This order dismisses a Habeas Corpus petition filed by a father regarding his missing daughter. The High Court, after examining the daughter who is a major, found she voluntarily eloped and resides with her husband, thus no illegal detention existed.
Petition dismissed; police directed to facilitate return of corpus to her place of choice.
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[2023:RJ-JD:37655-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 334/2023
Prithvi Raj S/o Dal Chand, Aged About 50 Years, R/o Sameliya Mahadev P.S. Mahgalwar, Tehsil Dungla, District Chittorgarh, Rajasthan.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. K.P. Raj Deora |
|---|---|
| For Respondent(s) | : Mr. M.A. Siddiqui, GA-cum-AAG with Mr. Rohit Mutha |
| Present in person | : Mr. Suresh Chandra, S.I., Police Station Sadar Chittorgarh, District Chittorgarh |
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
03/11/2023
1. This habeas corpus petition has been filed by the petitioner stating that his daughter is missing since 25.08.2023 and in relation to that he lodged a missing person report at Police Station Mangalwad, District Chittorgarh, however, the police are not tracing out his daughter. In the habeas corpus petition, the date of birth of the corpus is mentioned as 22.03.2003.
(2 of 2)
[2023:RJ-JD:37655-DB]
[HC-334/2023]
2. Learned GA-cum-AAG has produced the corpus before this Court through police.
3. We have interacted with the corpus and she has stated that her date of birth is 22.03.2003 and as such she is major. She has also stated that she eloped with one Hira Lal as per her own free will and at present she is residing with him as his wife after solemnizing marriage with him. She has also stated that she is not in illegal detention of anybody and wants to go with Hira Lal only.
4. In view of the fact that the corpus is major and she is not in illegal detention of anybody, we don’t find any merit in this habeas corpus petition and the same is, therefore, dismissed.
5. The police is directed to facilitate the return of the corpus to the place of her choice.
6. The factual report dated 03.11.2023 furnished by learned GA-cum-AAG be taken on record.
(MUNNURI LAXMAN),J
(VIJAY BISHNOI),J
Abhishek Kumar S.No.31
2 issues framed by the court
Whether the petitioner is entitled to habeas corpus relief on behalf of his missing daughter who voluntarily eloped.
Whether the Court should direct police action to trace a daughter who stated she is no longer in illegal detention.
2 provisions across 2 enactments
Prithvi Raj S/o Dal Chand
The State of Rajasthan
The Superintendent of Police, Chittorgarh
The Station House Officer, Police Station, Mangalwar
VIJAY BISHNOI
MUNNURI LAXMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
