Dismissed

Multan Ram v. the State of Rajasthan

Rajasthan HC14 Feb 2023HC/361/2022

Case brief

AI extract

What is this about?

A D.B. Habeas Corpus Petition challenging the illegal confinement of the petitioner's major daughter. The court found the daughter was in no manner illegally confined. The corpus herself stated she eloped and married respondent No. 5. The petition was dismissed.

What did the court decide?

Petition dismissed as the corpus was not in illegal confinement; police directed to facilitate her return to her chosen place.

Multan Ram Vs the State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2023)

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[2023/RJJD/005352]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 361/2022

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Multan Ram S/o Dhana Ram, Aged About 51 Years, By Caste Dewasi, R/o Sinla, Tehsil Jaitaran, District Pali (Rajasthan).

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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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The Police Commissioner, Jodhpur.

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The Superintendent Of Police, Pali.

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The S.h.o., Police Station Jaitaran, District Pali.

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Mahendra Chouhan S/o Oma Ram, B/c Meghwal, R/o Devriya, Tehsil Jaitaran, District Pali.

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Pukhraj S/o Oma Ram, B/c Meghwal, R/o Devriya, Tehsil Jaitaran, District Pali.

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Manju W/o Pukhraj, B/c Meghwal, R/o Devriya, Tehsil Jaitaran, District Pali.

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Geeta W/o Madan, B/c Meghwal, R/o Garniya, At Present Gali No. 4, New Kesri Colony, Near Tirupati Balaji Temple, Ajmer.

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----Respondents

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For Petitioner(s)	: Mr. Ramesh Devasi
For Respondent(s)	: Mr. M.A. Siddiqui GA-cum-AAG Mr. Talat Bari Mr. Himanshu Surolia Ms. Sheela Rawat
Present in person	: Mr. Ravindra Pal Singh, S.I., S.H.O. P.S. Jaitaran, Pali.

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

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14/02/2023

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This habeas corpus petition is filed by the petitioner stating therein that his major daughter is missing from the house since 28.11.2022 and in relation to that, he lodged a missing person report at Police Station Jaitaran, District Pali on 29.11.2022.

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It is alleged in the petition that despite lodging of the said missing person report, the police is not making any effort to trace

[2023/RJJD/005352]

[HC-361/2022]

(2 of 2)

out the corpus. It is further alleged that the petitioner is having doubt that his daughter is in illegal confinement of respondent Nos.5 to 8.

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Pursuant to the directions given by this Court on 09.02.2023, learned AAG has produced the corpus before us through police.

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We have interacted with the corpus and she has stated that she eloped with the respondent No.5 as per her own free will and, thereafter, solemnized marriage with him and at present, she is residing with him in Udaipur.

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At the request of learned counsel for the petitioner, we allowed the petitioner and his wife to meet their daughter in isolation for some time and ordered for listing this case thereafter.

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Learned AAG has facilitated meeting of the corpus with her parents in his chamber and they have interacted for about half an hour.

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After conclusion of the meeting, the corpus is again produced before us and we have ascertained her wish and she has bluntly refused to go with her parents and stated that she wants to go with her husband only.

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Admittedly, the corpus is major and as she is not in illegal confinement of anybody, we do not find any merit in this habeas corpus petition, which is dismissed as such.

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

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(PRAVEER BHATNAGAR),J

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(VIJAY BISHNOI),J

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39-Suraj/-

Multan Ram v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Multan Ram v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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