The High Court dismissed a habeas corpus petition filed by a mother claiming her daughter was illegally detained. The court noted the daughter, a major, had stated before police and a magistrate that she married voluntarily and wished to live with her husband. As there was no illegal detention, the writ was not issued.
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[2024:RJ-JD:4114-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 20/2024
Kiran Devi W/o Surjit Jangid, Aged About 45 Years, Resident Of Borunda, Tehsil Pipar City, District Jodhpur (Raj.).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Vikas Sharma For Respondent(s) : Mr. M. S. Siddiqui, GA-cum-AAG Mr. A. R. Malkani Present in person : Mr. Narpat Dan, SI, SHO, PS Borunda, District Jodhpur (Rural)
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
25/01/2024
1. This habeas corpus petition is filed by the petitioner alleging that her daughter is illegally detained by the private respondents. 2. It is noticed that in relation to the said incident, an FIR was lodged at the instance of the petitioner at Police Station, Borunda, District Jodhpur (Rural) on 11.09.2023 against the respondent No.5 and during the course of investigation, the Police have recorded the statement of petitioner’s daughter under Section 161 CrPC as well as before the Magistrate under Section 164 CrPC,
[2024:RJ-JD:4114-DB]
[HC-20/2024]
(2 of 2)
wherein she has specifically stated that she went with the respondent No.5 as per her own free will and thereafter solemnized marriage and at present, she is living with him. She has also expressed her desire to live with respondent No.5 only.
3. Learned AAG has submitted that the petitioner’s daughter has approached this Court by way of filing a misc. petition seeking protection from her family members and this Court has disposed of the said writ petition while directing petitioner’s daughter to approach the Police authorities.
4. Learned AAG has also informed that the proceedings under Section 107 and 116 CrPC have also been initiated against the mother and father of the corpus.
5. Taking into consideration the fact that the corpus is major and in the FIR lodged at the instance of the petitioner, the corpus has also given her statement before the Police as well as the Magistrate that she is not in illegal detention of anybody and is living with the respondent No.5 as his wife after solemnizing marriage with him, we do not find any case for issuing writ of habeas corpus.
6. Hence, the instant habeas corpus petition is dismissed.
(RAJENDRA PRAKASH SONI),J
(VIJAY BISHNOI),J
43-AjaySingh/-
1 issue framed by the court
Whether the alleged detention of the petitioner's daughter constitutes illegal detention warranting a writ of habeas corpus.
4 provisions across 1 enactments
Kiran Devi
State Of Rajasthan
Inspector General Of Police
Superintendent Of Police
Sho, Police Station, Borunda
Sahdev S/o Govind Ram
Vijay Bishnoi
Rajendra Prakash Soni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
