Petitioner filed habeas corpus alleging police inaction regarding missing minor daughter. Court found minor went voluntarily with Respondent No. 4 but wishes to reunite with parents. No illegal detention found. Custody directed to petitioner.
Directed police to handover custody of the minor corpus to the petitioner, her father.
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[2024:RJ-JD:2331-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 11/2024
Moti Lal S/o Nanda Lal, Aged About 45 Years, Resident Of Bhadwasiya, Mata Ka, Jodhpur City East, Jodhpur, Rajasthan.
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. Sushil Solanki |
|---|---|
| For Respondent(s) | : Mr. M.A. Siddiqui, AAG with |
| Mr. A.R. Malkhani | |
| Mr. Mahendra Kumar, S.I. | |
| Ms. Ganga, MFC 2701, P.S. Mata Ka | |
| Than,Jodhpur. |
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
16/01/2024
This habeas corpus petition has been filed by the petitioner alleging that his minor daughter is missing since 12.12.2023 and in relation to that, he has lodged an FIR at Police Station Mata Ka Than, Jodhpur (East), however, the police is not making any effort to trace out his minor daughter.
Pursuant to the directions issued by this Court, the corpus is produced before this Court. We have interacted with the corpus
[2024:RJ-JD:2331-DB]
[HC-11/2024]
(2 of 2)
and she has stated that she went with respondent No.4 – Gopal as per her own free will however, now she has stated that she wants to go with her parents.
After recovery of the corpus, the police has also recorded her statement, wherein she has stated that she went with respondent No.4 as per her own free will, but now she wants to go with her parents and not with respondent No.4. The corpus has specifically stated that neither she is under any pressure of anybody nor is in illegal detention and she voluntarily wants to go with her parents. As per school records of the corpus collected during the course of investigation, the corpus is minor, however, as she is not in illegal detention of anybody and wants to go with her parents, therefore, no further order is required to be passed in this habeas corpus petition.
The present habeas corpus petition is disposed of. The police is directed to handover custody of the corpus to the petitioner, her father.
(RAJENDRA PRAKASH SONI),J
(VIJAY BISHNOI),J
20-nitin/divyaJ/-
1 issue framed by the court
Whether a habeas corpus petition lies when the minor asserts voluntary association with the respondent and requests to return to parents.
MOTI LAL
THE STATE OF RAJASTHAN
GOPAL
VIJAY BISHNOI
RAJENDRA PRAKASH SONI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
