Disposed

Mamta v. the State of Rajasthan

Rajasthan HC21 Mar 2023HC/50/2023

Case brief

AI extract

What is this about?

In a D.B. habeas corpus petition alleging abduction of a minor daughter, the High Court of Rajasthan, noting a factual report that the police recovered the child, recorded statements, and handed her to her parents as per Child Welfare Committee orders, disposed of the petition holding no further order was required.

What did the court decide?

The Court held that no further order is required and disposed of the petition.

Mamta Vs the State of Rajasthan — Child Custody and Guardianship | Rajasthan HC (2023)

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[2023/RJJD/007041]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 50/2023

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Mamta W/o Magpuri Goswami, Aged About 38 Years, Resident Of Vishnu Colony, Barmer Riico Area, Riico Police Station, Barmer, District Barmer.

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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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Superintendent Of Police, Barmer.

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Sho Of Riico Police Station, District Barmer

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Hazari S/o Joga Ram, By Caste Jat, Resident Of Vijay Nagar Chhotuwala, Barmer, District Barmer.

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----Respondents

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For Petitioner(s)	:	None Present
For Respondent(s)	:	Mr. M. A. Siddiqui, GA-cum-AAG
Present in person	:	Mr. Loondaan, ASI,
		PS RIICO, District Barmer

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

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Order

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21/03/2023

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This habeas corpus petition has been filed by the petitioner alleging that her minor daughter has been abducted by the respondent No.4 and in relation to that an FIR has already been lodged by her, but the police are not making any effort to trace out her minor daughter.

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This Court, on earlier occasions, has directed the learned AAG to file the factual report and pursuant to that learned AAG has furnished the factual report, wherein it is mentioned that the

[2023/RJJD/007041]

[HC-50/2023]

(2 of 2)

police have recovered the corpus and recorded her statement under Section 161 Cr.P.C.. The statement of the corpus has also been recorded under Section 164 Cr.P.C. before the concerned Magistrate. It is submitted that since the corpus is minor, she was produced before the Child Welfare Committee, Barmer and as per the order of the Child Welfare Committee, her custody was handed over to her parents. It is also mentioned in the factual report that in relation to the FIR lodged by the petitioner, the respondent No.4 has already been arrested and at present he is in judicial custody.

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Taking into consideration the above facts and circumstances of the case and the facts mentioned in the factual report, this Court is of the opinion that no further order is required to be passed in this habeas corpus petition and the same is disposed of accordingly.

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(YOGENDRA KUMAR PUROHIT),J

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(VIJAY BISHNOI),J

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5-AjaySingh/-

Mamta v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mamta v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

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