Dismissed

Rahul Rathore v. State of Rajasthan

Rajasthan HC13 Mar 2023HC/53/2023

Case brief

AI extract

What is this about?

Habeas corpus petition filed for the welfare of the petitioner's sister who left her husband's house. Court held the adult woman eloped with her free will based on investigation report, negating illegal confinement claims, and dismissed the petition while directing police investigation continuation.

What did the court decide?

Writ of habeas corpus not issued; police directed to continue missing person investigation.

Rahul Rathore Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 53/2023

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Rahul Rathore S/o Shri Kailash Rathore, Aged About 24 Years, Resident Of Inside Merti Gate, Road Gau Ghat, Ward Number 47, Jodhpur, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary To The Government, Department Of Home Affairs, Jaipur (Rajasthan).

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The Superintendent Of Police, Bikaner.

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The Station House Officer, Jai Narayan Vyas Colony, Bikaner.

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Narendra Kumar S/o Sanvar Singh, Resident Of Village Raniwara, Panchayat Raniwara, Block Raniwara, District Jalore, Rajasthan.

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----Respondents

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Petitioner-self : Mr. Rahul Rathore, present in person For Respondent(s) : Mr. M.A. Siddiqui, GA-cum-AAG Present in person : Mr. Mahaveer Prasad, C.I./SHO Police Station JNV Colony, Bikaner.

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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13/03/2023

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This habeas corpus petition has been filed by the petitioner stating that marriage of his sister solemnized with one Shekhar Bhati on 04.12.2022. It is alleged that his sister tortured by her husband and on account of that she left her husband’s hosue on 08.01.2023 and went her aunt’s house without telling to her in-

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[HC-53/2023]

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(2 of 3)

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laws. On 26.01.2023, due to persuasion of her father and the family members, the corpus returned her to her in-laws house, however, on 02.02.2023, again she left her in-laws house and thereafter, her father-in-law lodged the missing person report at police station JNV Colony, Bikaner, in which investigation is going on. It is alleged that the corpus was upset with her in-laws from long time as her husband keep quarreling with her.

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Pursuant to the direction given by this Court, learned GAcum-AAG has submitted a factual report, wherein it is mentioned that corpus is major and eloped with some one as per her own free will. It is also mentioned that the corpus had a talk with her husband on instagram wherein she has stated that she is residing with some one else as per own free will. The copy of the same made available by the husband of corpus and is part of case diary. It is also mentioned that Shubash Chandra, H.C. had a talk with the corpus on instagram through mobile phone and corpus has specifically stated that she does not want to return at her in-laws’ house and at her parents’ house and she is happy wherever she is and she has also refused to disclose her present location. The police are trying to get instagram detail from the company and still the same is not available.

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Taking into consideration the above facts and circumstances of the case, we are convinced that the corpus is major and has eloped with the someone as per own free will, therefore, it is not a case of illegal confinement, hence, no writ of habeas corpus can be issued.

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(3 of 3) [HC-53/2023]

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However, the police is directed to continue with the investigation of missing person report lodged by father-in-law of the corpus.

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This habeas corpus petition is disposed of.

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(RAJENDRA PRAKASH SONI),J

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(VIJAY BISHNOI),J

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13-Arun/-

Rahul Rathore v. State of Rajasthan

Case brief

What is this about?

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Rahul Rathore v. State of Rajasthan

Case brief

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