Dismissed

Jitendra Kumar Bairwa Son of Kanchan Lal v. State of Rajasthan

Rajasthan HC15 Dec 2023HC/384/2023

Case brief

AI extract

What is this about?

Petitioner filed a habeas corpus alleging wrongful detention of Ms. M by respondents. Court conferred with corpus in camera; she denied wrongful confinement. Petition dismissed. Respondents directed to provide protection to corpus.

What did the court decide?

Petition dismissed. Direction to respondents to provide protection to corpus till she reaches her home.

Jitendra Kumar Bairwa Son of Kanchan… — Constitutional and Fundamental Rights | Rajasthan HC (2023)

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[2023:RJ-JP:39992-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Habeas Corpus Petition No. 384/2023

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Jitendra Kumar Bairwa Son Of Kanchan Lal, Aged About 38 Years, Resident Of Ward No. 13, Patel Nagar, Bandikui, Tehsil Baswa, District Dausa, Presently Residing At 2443, 2444, Manoharpura, Kachchi Basti, Jagatpura, Jaipur (Raj.)

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----Petitioner

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Versus

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

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The Additional Director General Of Police, Anti Human Trafficking Unit, Jaipur (Raj.)

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The Commissioner Of Police, Police Commissionerate, Jaipur (Raj.)

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Deputy Commissioner Of Police, Jaipur City (East), Jaipur. 5. Sho Police Station Jagatpura (Airport) Jaipur City (East), Jaipur (Raj.)

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Rajesh Kumar Bunkar Son Of Laxminarayan, Resident Of Village Garjeda, Tehsil Diggi, District Tonk , Presently Resident Of C/o Ramchandra Maurya, Ekta Nagar, Jagatpura, Jaipur.

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Jyoti D/o Rajesh Bunkar, Aged About 24 Years, Resident Of Village Garjeda, Tehsil Diggi, District Tonk , Presently Resident Of C/o Ramchandra Maurya, Ekta Nagar, Jagatpura, Jaipur.

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Tanu D/o Rajesh Bunkar, Aged About 23 Years, Resident Of Village Garjeda, Tehsil Diggi, District Tonk , Presently Resident Of C/o Ramchandra Maurya, Ekta Nagar, Jagatpura, Jaipur.

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Abhishek Son Of Rajesh Bunkar, Aged About 20 Years, Resident Of Village Garjeda, Tehsil Diggi, District Tonk , Presently Resident Of C/o Ramchandra Maurya, Ekta Nagar, Jagatpura, Jaipur.

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----Respondents

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For Petitioner(s)	:	Mr. Arvind Sharma.
For Respondent(s)	:	Mr. N.A. Naqvi, AAG with Mr. S.A. Naqvi.
		Mr. Bhanwar Singh, Head Constable – 1009.
		Ms. Dropdi, MFC – 9577, P.S.
		Mansarowar, Jaipur (South)

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HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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[2023:RJ-JP:39992-DB]

[HC-384/2023]

(2 of 2)

Order

15/12/2023

This petition in the nature of habeas corpus has been filed by the petitioner alleging that Ms. ‘M’ is in wrongful detention of the respondent Nos. 6 to 9.

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By order dated 04.12.2023, a copy of the petition was supplied to learned AAG, who was directed to complete his instructions in the matter / file factual report.

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A factual report has been produced, inter-alia, indicating that on an MPR, the corpus was lodged at police station where she indicated that she did not want to go with her husband and as such, she was permitted to go with her children. However, the corpus has been produced before the Court today.

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We have conferred with the corpus in camera, wherein she indicated that she was not in wrongful confinement though she knows the petitioner.

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The petitioner was also called in the camera proceedings, wherein the corpus indicated the same aspect to him. 6. In view of the above fact situation, wherein the corpus herself has clearly indicated that she is not in wrongful confinement of the respondent Nos. 6 to 9 as alleged, no case for passing any order in the present petition, which has been filed in the nature of habeas corpus is made out, the petition is, therefore, dismissed.

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The respondents are directed to provide protection to the corpus till she reaches her home.

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(ASHUTOSH KUMAR),J

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(ARUN BHANSALI),J

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Rmathur/18

Jitendra Kumar Bairwa Son of Kanchan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jitendra Kumar Bairwa Son of Kanchan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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