Habeas corpus petition filed alleging illegal detention of petitioner's minor daughter. Court noted daughter is major, eloped freely, and resides with respondent. Proceeding under Section 97 Cr.P.C. Initiated. Petition dismissed for no merit.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 368/2023
Jetha Ram S/o Champa Ram, Aged About 43 Years, Gram Chordiya, Tehsil Dechu, Distt. Phalodi (Rajasthan).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Dinesh Bishnoi, Mr. Digvijay singh For Respondent(s) : Mr. M. A. Siddiqui, AAG
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN
Judgment / Order
28/11/2023
This habeas corpus petition is filed by the petitioner alleging therein that his minor daughter is in illegal detention of respondent No.4 and the police are not tracing out her, therefore, writ of habeas corpus be issued and the private respondent No.4 be directed to produce petitioner’s minor daughter before this Court.
Learned AAG has submitted the factual report, wherein it is mentioned that petitioner’s daughter is major and earlier also, she eloped with the respondent No.4 on 02.06.2023 and in relation to that, a missing person report was lodged by the petitioner. It is
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[HC-368/2023]
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further submitted that during the course of investigation in the said missing person report, the corpus appeared before the police and specifically stated that she went with the respondent No.4 on her own free will and wants to reside with him only.
Taking into consideration the fact that the corpus is major and residing with the respondent No.4 on her own free will, the police may let her free to go with the respondent no.4.
It is further mentioned in the factual report that later on, the petitioner filed an FIR at Police Station, Dechu alleging that his daughter has been kidnapped by some persons, however, in the said FIR, negative final report was filed. Learned AAG has stated that the police contacted the daughter of the petitioner on mobile phone and she has stated that she is safe and will report the police after 15.12.2023.
Learned AAG has submitted that from the above facts, it is clear that it is not a case of illegal detention and in such circumstances, no writ of habeas corpus can be issued.
The facts mentioned in the factual report have not been controverted by learned counsel for the petitioner.
It is also to be noticed that the petitioner has already initiated proceedings under Section 97 Cr.P.C. before the SDO concerned.
In such circumstances, we do not find any merit in this habeas corpus and the same is hereby dismissed.
(MUNNURI LAXMAN),J
(VIJAY BISHNOI),J
81-DivyaTak/-
2 issues framed by the court
Whether a writ of habeas corpus should be issued directing the private respondent to produce the petitioner's daughter before the Court given her age and marital status.
Whether the alleged case constitutes illegal detention warranting judicial intervention under the habeas corpus writ.
1 provisions across 1 enactments
Jetha Ram
State Of Rajasthan
The Superintendent Of Police, District Phalodi
The Station House Officer (Sho), Police Station-Dechu
Teela Ram
VIJAY BISHNOI
MUNNURI LAXMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
