Dismissed

Shankar v. State of Rajasthan

Rajasthan HC22 Dec 2023HC/348/2023

Case brief

AI extract

What is this about?

Habeas corpus petition filed for custody of a minor corpus. Court heard her statement that she voluntarily wants to go with her father. Petition dismissed with direction to police to facilitate her return to petitioner. No detailed findings on detention or custody were recorded.

What did the court decide?

Direction to police to facilitate return of minor corpus to petitioner (natural guardian).

Shankar Vs State of Rajasthan — Rajasthan HC (2023) — LawSathi Research

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(1 of 2) [HC-348/2023]

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[2023:RJ-JD:45004-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 348/2023

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Shankar S/o Shri Dhokal Ram, Aged About 44 Years, Resident Of Chakkan, Sisra, Haryana At Present Residing At Godelao, Shivpura, Pali, Rajasthan.

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Jagdish S/o Shri Lekhram, Aged About 27 Years, Resident Of Chakkan, Sisra, Haryana At Present Residing At Godelao, Shivpura, Pali, Rajasthan.

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----Petitioners

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Versus

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

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The Superintendent Of Police, District Pali.

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The Station House Officer (S.h.o.), Police Station Shivpura, District Pali.

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The Station House Officer (S.h.o.), Police Station Industrial Area, District Pali.

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Darbara Ram S/o Shri Aatma Ram, Chakkan, District Sirsa, Haryana.

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Gumana Ram S/o Shri Kalu Ram, Chakkan, District Sirsa, Haryana.

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Kalu Ram S/o Shri Joga Ram, Chakkan, District Sirsa, Haryana.

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Moti Ram S/o Shri Joga Ram, Chakkan, District Sirsa, Haryana.

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Rana Ram S/o Shri Deena Ram, Chakkan, District Sirsa, Haryana.

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Bhagirath S/o Shri Peera Ram, Chakkan, District Sirsa, Haryana. ----Respondents

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For Petitioner(s)	:	Mr. Mahaveer Singh
For Respondent(s)	:	Mr. M.A. Siddiqui GA cum AAG a/w Mr. Rohit Mutha
		Mr. Udai Singh Shekhawat, SI,
		Ms. Anushya, Constable,
		P.S. Industrial Area,Pali.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

22/12/2023

(2 of 2)

[2023:RJ-JD:45004-DB]

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[HC-348/2023]

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This habeas corpus petition has been filed by the petitioners seeking custody of the corpus.

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Learned GA-cum-AAG has produced the corpus before this Court through police, who is a minor.

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Learned Additional Advocate General submits that there is no illegal detention as on today and the corpus is free to go with her father.

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This Court has interacted with the corpus and she has stated that she is a minor. She has also stated that she voluntarily wants to go with her parent-petitioner No.1-Shankar, who is the father and is also present in the Court. She is not in illegal detention of anybody and wants to go with her parents.

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In light of such statement, the habeas corpus petition is disposed of while directing the corpus to be given in the custody of the father who is supposed to have the custody being natural guardian as she is minor. This Court has also weighed the intention of the corpus who also firmly and confidently submitted that she wants to go with her father.

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The police is directed to facilitate the return of the corpus to the place of her choice accordingly.

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(RAJENDRA PRAKASH SONI),J

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(DR.PUSHPENDRA SINGH BHATI), J.

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c-1-/Jitender/sudheer/-

Shankar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shankar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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