Dismissed

Goverdhan Singh v. State of Rajasthan

Rajasthan HC7 Feb 2023HC/35/2023

Case brief

AI extract

What is this about?

In a habeas corpus petition, the High Court held that since the petitioner's major daughter voluntarily eloped with the respondent on her free will to marry, it is not a case of illegal detention but of a missing person. The petition was dismissed, but the police were directed to continue the missing person investigation.

What did the court decide?

Petitioner's habeas corpus petition dismissed; police directed to continue investigation into missing person report.

Goverdhan Singh Vs State of Rajasthan — Service and Employment | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 35/2023

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Goverdhan Singh S/o Sh. Bhanwar Singh, Aged About 53 Years, By Caste Rajpoot, R/o 245 New B.j.s. Colony, Street No. 12, Jodhpur (Ps Mahamandir).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Home, Govt. Of Rajasthan, Jaipur (Raj.).

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Aditya Raj S/o Pawan Kumar Bhagat, Aged About 28 Years, Village Rajendra Nagar, Imli Pati Mohalla, P.o. Gulabbagh, P.s. Sadar, Dist. Purnia (Bihar).

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----Respondents

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For Petitioner(s)	: Mr. P.R. Singh Jodha
For Respondent(s)	: Mr. M.A. Siddiqui, GA-cum-AAG
Present in person(s)	: Mr. Harish Chandra Solanki, C.I.
	SHO P.S. Mahamandir, Distt. Jodhpur

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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07/02/2023

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This habeas corpus petition is filed by the petitioner stating therein that his daughter, aged about 22 years, is missing since 20.01.2023 and in relation to that, a missing person report has also been lodged at Police Station Mahamandir, District Jodhpur on 20.01.2023 itself by the brother of the petitioner.

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It is alleged in the habeas corpus petition that the police are not making sincere efforts to trace out the petitioner’s daughter and she may be in illegal detention of respondent No.2, who might have kidnapped her.

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(2 of 3)

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[HC-35/2023]

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Pursuant to the directions given by this Court, learned AAG has furnished the factual report, wherein it is mentioned that after lodging of the missing person report, the petitioner furnished a hand written note of his daughter, in which, she wrote that she is going with one boy on her own free will with intention to marry him and said that nobody is required to search her with a further prayer for forgiving her.

¶18

In the factual report, it is also mentioned that during the course of investigation, the police found that on 20.01.2023 at 9:40 am, the petitioner’s daughter went with one boy in a car bearing registration No.RJ-19-TA-6398 and proceeded towards Jodhpur airport and from where they took a flight to Kolkata at 12:30 pm. It is also mentioned in the factual report that the petitioner’s daughter was in contact with respondent No.2 since long and on 25.01.2023, she sent a massage on whatsapp to the petitioner that she solemnized marriage with the respondent No.2. She also sent the photograph of her marriage. While tracing the petitioner’s daughter, the police had also visited Purnia, District Bihar and interrogated the respondent No.2 and his family members and they cooperated with the police, however, the respondent No.2 is not in contact with them. The police have also inquired at Baba Gorakhnath Dham, Ajam Nagar, Katiyar, District Bihar, where the petitioner’s daughter get married with the respondent No.2 and went with him on her own free will.

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From perusal of the factual report and the admission of the petitioner that her daughter is major and eloped with the respondent No.2 on her own free will, we are of the opinion that it is not a case of illegal detention but it is case of missing person.

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(3 of 3)

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[HC-35/2023]

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In such circumstances, no writ for habeas corpus can be issued, however, the police is directed to continue with the investigation into the missing person report and make sincere efforts to trace out the petitioner’s daughter at the earliest. We hope that the Bihar Police will also cooperate with the Rajasthan Police in tracing out the petitioner’s daughter.

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With the above observations, this habeas corpus petition is disposed of.

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(PRAVEER BHATNAGAR),J

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(VIJAY BISHNOI),J

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80-Arun/-

Goverdhan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Goverdhan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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