This habeas corpus petition was dismissed. The court held that since the individual (corpus) resides with her parents by free will and is major, there is no case for illegal confinement or illegal custody.
Habeas corpus petition dismissed; no illegal confinement found.
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[2023/RJJD/008304]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 70/2023
Ramesh Kumar S/o Shri Sahab Ram, Aged About 23 Years, By Caste Meghwal, Resident Of Ward No. 7, Binzbayla, Tehsil Padampur, District Sri Ganganagar.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : | Mr. O. P. Sangwa |
|---|---|---|
| For Respondent(s) | : | Mr. M. A. Siddiqui, GA-cum-AAG |
| Present in person | : | Mr. Raj Kumar, ASI PS Seruna, District Bikaner |
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
04/04/2023
Mr. M. S. Siddiqui, learned AAG has submitted the factual report dated 03.04.2023, wherein it is mentioned that in the proceedings under Section 97 Cr.P.C., initiated at the instance of Dinesh Kumar (husband of the corpus), the corpus was produced before the Sub-Divisional Magistrate, Sridungargarh, District
[2023/RJJD/008304]
[HC-70/2023]
(2 of 2)
Bikaner, and her statements were recorded, wherein she has stated that though she eloped with the petitioner as per her own free will, but now she does not want to live with him and wants to live with her parents. The Sub-Divisional Magistrate, Sridungargarh, District Bikaner, after taking into consideration the statements of the corpus, allowed her to go with her parents and at present, she is residing with her parents.
As per the petitioner and the documents collected by the Police, the corpus is major.
When the corpus is major and residing with her parents as per her own free will, we do not find any case for illegal confinement, hence this habeas corpus petition is dismissed.
Factual report dated 03.04.2023 be taken on record.
(RAJENDRA PRAKASH SONI),J
(VIJAY BISHNOI),J
4-AjaySingh/-
2 issues framed by the court
Whether a habeas corpus petition is maintainable regarding the petitioner's custody of an individual who resides with parents voluntarily.
Whether illegal confinement is established when the individual resides with parents by free will.
Ramesh Kumar S/o Shri Sahab Ram
State Of Rajasthan
Superintendent Of Police, Sri Ganganagar
Superintendent Of Police, Bikaner
Sho Of Binzbayla Police Station, District Sri Ganganagar
Sho Of Sherwala Police Station, Tehsil Dungargarh, District Bikaner
Vijay Bishnoi
Rajendra Prakash Soni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
