Dismissed

Sameer Khan Son of Sirajuddin v. State of Rajasthan

Rajasthan HC24 Jul 2023HC/56/2023

Case brief

AI extract

What is this about?

Petitioner approached this Court under a habeas corpus petition alleging illegal detention of his wife. The Court interrogated the wife, who stated she is not detained, resides in Chhattisgarh, faces threats from the petitioner, and refused a demand draft. The petition was dismissed. The Court ordered payment of the deposit to the petitioner and police protection for the wife's travel.

What did the court decide?

Wife to be escorted to Airport; demand draft of Rs.25,000/- paid to petitioner; police protection provided to wife.

Sameer Khan Son of Sirajuddin Vs State of Rajasthan — Matrimonial and Divorce | Rajasthan HC (2023)

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[2023:RJ-JP:15011-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Habeas Corpus Petition No. 56/2023

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Sameer Khan, Son Of Sirajuddin, Aged About 26 Years, Resident Of Chisti Chowk, Murti Chauraha, Jhalawar (Raj.)

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----Petitioner

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Versus

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

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Superintendent Of Police, Jhalawar.

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Neelkanth Verma, Resident Of 1824, Shanti Vihar Colony, Near Vivekanand Higher Secondary School, Danganiya, Raipur (Chhattisgarh)-492013.

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----Respondents

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For Petitioner(s) : Mr. Sameer Sharma, Adv. For Respondent(s) : Mr. N.S. Gurjar, AGA Mr. Rajendra Singh, SI, Police Station Kotwali, Jhalwar Mr. Dheeraj Tripathi, Adv.

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

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Order

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24/07/2023

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Petitioner has preferred this habeas corpus petition seeking production of the corpus who according to the petitioner has entered into a nikah with him.

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2 Corpus has been produced before the Court.

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We have interacted with the corpus. Corpus has stated before the Court that she is residing with her parents in Chhattisgarh and is not in any illegal detention. She has also stated that she is under threat from the petitioner and has sought appropriate police protection, so that she is not in any manner

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[2023:RJ-JP:15011-DB]

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[HC-56/2023]

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(2 of 2)

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harassed by the petitioner. She has refused to accept the demand draft of Rs.25,000/- deposited by the petitioner, in pursuance of the order dated 01.06.2023 passed by this Court.

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We have considered the matter. 5. Since corpus has clearly stated before the Court that she does not wish to go with the petitioner and that she is not in any illegal detention, we are not inclined to entertain the present habeas corpus petition and the same is accordingly, dismissed.

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Since corpus has refused to accept the demand draft of Rs.25,000/- drawn in her favour, petitioner would be free to take the same from Registrar (Judicial) and the bank authorities are directed to make the payment to the petitioner, since the person i.e. the corpus, in whose name the demand draft has been drawn, has not accepted the same.

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We also direct the SHO, Police Station Ashok Nagar to provide adequate protection to the corpus and safely escort the corpus to the Airport, Jaipur.

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A copy of this order be provided to learned Asst. GA for necessary compliance.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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CHANDAN /5

Sameer Khan Son of Sirajuddin v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sameer Khan Son of Sirajuddin v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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