Dismissed

Devendra Kumar S/O Rajendra Prasad v. the State of Rajasthan

Rajasthan HC4 Dec 2023HC/390/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a habeas corpus petition alleging wrongful custody of a pregnant woman. Since the corpus was recovered and custody handed over during pendency, the court held the petition infructuous and dismissed it.

What did the court decide?

Petition dismissed as having become infructuous. Petitioner permitted to take any action in accordance with law if any cause survives or arises.

Devendra Kumar S/O Rajendra Prasad… — Constitutional and Fundamental Rights | Rajasthan HC (2023)

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[2023:RJ-JP:37681-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Habeas Corpus Petition No. 390/2023

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Devendra Kumar S/o Rajendra Prasad, Aged About 25 Years, Village Ramsar Tehsil Buhana District Jhunjhunu (Raj).

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Surendra S/o Ratti Ram, Aged About 40 Years, Village Badbar, Tehsil Buhana, District Jhunjhunu (Raj).

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----Petitioners

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Versus

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1. The State Of Rajasthan, Through The Secretary, Department Of Home, Government Secretariat, Jaipur (Raj).

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The Director General Of Police, Rajasthan, Jaipur (Raj).

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Superintendent Of Police, Jhunjhunu (Raj).

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Station House Officer, Police Station Pacheri Kalan, District Jhunjhunu (Raj).

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Narendra S/o Santlal, R/o Village Khandwa, Tehsil Buhana, District Jhunjhunu (Raj).

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----Respondents

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For Petitioner(s) : Mr. Sudhir Yadav. For Respondent(s) : Mr. Atul Sharma, Dy. G.A. Mr. Kailash Chandra, ASI, PS Pacheri Kalan, Distt. Jhunjhunu.

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

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Order

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04/12/2023

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This petition, in the nature of habeas corpus, has been filed by the petitioner with the allegations that his pregnant wife was in wrongful custody of respondent No.5.

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[2023:RJ-JP:37681-DB]

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[HC-390/2023]

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(2 of 2)

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During pendency of the present petition, the corpus has been recovered and her custody has been handed over to the petitioners.

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In view of the above fact situation, in so far as the present writ petition is concerned in the nature of habeas corpus is concerned, the same has been rendered infructuous.

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Accordingly, the petition filed by the petitioner is dismissed as having become infructuous.

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The petitioner would be free to take any action in accordance with law, in case, any cause survives or arises to the petitioner on account of the alleged wrongful custody of the pregnant corpus by the respondent No.5.

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(ASHUTOSH KUMAR),J

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(ARUN BHANSALI),J

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Rmathur/278

Devendra Kumar S/O Rajendra Prasad v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Devendra Kumar S/O Rajendra Prasad v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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