The High Court dismissed a D.B. Habeas Corpus petition filed by a boyfriend seeking the production of a girl child allegedly taken away by her parents. The Court held that the girl's police statement indicated no illegal detention, finding no case for issuing the writ.
The writ of habeas corpus is not issued and the petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JD:4427-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 26/2024
Ganesh S/o Ashok Kumar, Aged About 23 Years, Resident Of A- 122, Apna Ghar Yojana, Nayapura, Choka, Jodhpur Bhawan, Jodhpur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Tapesh Kumar Mr. Vijendra Kumar For Respondent(s) : Mr. M.A. Siddiqui, GA-cum-AAG with Mr. A.R. Malkani Mr. Birdaram, ASI, P.S. Rajiv Gandhi Nagar, Jodhpur West, the Investigating Officer, present in person
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
29/01/2024
[2024:RJ-JD:4427-DB]
[HC-26/2024]
(2 of 3)
them and thereafter she lived with the petitioner for quite some time.
[2024:RJ-JD:4427-DB]
[HC-26/2024]
(3 of 3)
(MUNNURI LAXMAN),J
(VIJAY BISHNOI),J
30-Ramesh/-
2 issues framed by the court
Whether there is a prima facie case for issuing a writ of habeas corpus directing police to produce the girl child.
Whether the statement recorded by the police that the girl child is not under illegal detention merits dismissal of the petition.
Ganesh S/o Ashok Kumar
The State Of Rajasthan
The Commissioner Of Police
The Station House Officer
Majid Khan
Chand Bibi
VIJAY BISHNOI
MUNNURI LAXMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
