This is a D.B. Habeas Corpus petition contesting the detention of a minor girl named as 'corpus'. The court examined the girl's statement and the Child Welfare Committee order accepting her desire to live with parents, finding no illegal detention and dismissing the writ.
Petition dismissed as no case for issuance of writ of habeas corpus was made out.
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.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 30/2024
Rajesh Kumar S/o Shri Popat Lal, Aged About 24 Years, Resident Of Amala Khera, Ps Anadara, Tehsil Reodar, District Sirohi (Rajasthan).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Shambhoo Singh Rathore For Respondent(s) : Mr. M.A. Siddqui, AAG with Mr. A.R. Malkhani Mr. Banshi Lal, C.I., SHO Anadara, District Sirohi
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
25/01/2024
This habeas corpus petition has been filed by the petitioner alleging that he was living with the daughter of respondent No.4 in
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live-in-relationship, however in relation to that, the respondent No.4 lodged an FIR at Police Station Anadara, District Sirohi and during the course of the investigation, the police recovered the corpus and arrested the petitioner.
The statement of the corpus was recorded, wherein she has specifically stated that she went with the petitioner as per her own free will and the petitioner did not sexually assaulted her and looking to this fact, the petitioner was released on bail by the Sessions Judge, Sirohi on 02.01.2024.
It is further submitted that in the meantime, when the corpus refused to go with the parents, she was lodged in the Sakhi Center, Sirohi and thereafter in Nari Niketan, Jodhpur. However, the Child Welfare Committee concerned has ordered for giving custody of the corpus to her mother and now she is in illegal detention of private respondent Nos.4 to 6.
Pursuant to the directions given by this Court, learned AAG has submitted the factual report, wherein it is mentioned that in relation to the said incident, an FIR was lodged by the respondent No.4, wherein the corpus was produced before the CWC concerned. Initially, as the corpus refused to go with her parents, therefore, she was lodged in Sakhi Center, Sirohi and thereafter in Nari Niketan, Jodhpur and in Nari Niketan, Jodhpur, she has expressed her desire to go with her parents, as such, the CWC concerned directed to hand over custody of the corpus to her parents.
It is further submitted that after receiving copy of this habeas corpus petition, the police have interrogated the corpus and recorded her statement on 24.01.2024, wherein she has
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stated that her age is around 17 years and 10 months and earlier also, she went with the petitioner and in relation to that, an FIR was lodged by her mother and the police recovered her, but she refused to go with her parents and, therefore, she was lodged at Sakhi Center, Sirohi and thereafter to Nari Niketan, Jodhpur.
In the Nari Niketan, Jodhpur, the corpus called her mother, who brought her to the house. It is submitted that neither the corpus is under pressure nor she is in illegal detention of anybody and she wants to live with her mother only.
Taking into consideration the factual report and the statement of the corpus recorded by the Police on 24.01.2024, wherein she has expressed her desire to live with her mother and as she is not in illegal detention of anybody, we are of the view that in the above facts and circumstances of the case, no case for issuance of writ of habeas corpus petition is made out.
Accordingly, this habeas corpus petition is dismissed.
(RAJENDRA PRAKASH SONI),J
(VIJAY BISHNOI),J
36-nitin/-
2 issues framed by the court
Whether maintainability of a habeas corpus petition in case of the alleged illegal detention of a minor girl.
Whether the best interests of a minor girl are served by allowing her to live with her parents upon her expressed desire.
Rajesh Kumar
The State Of Rajasthan
The Superintendent Of Police, Sirohi
Smt. Champa Devi
Smt. Vishna Devi
Smt. Hanja Devi
Vijay Bishnoi
Rajendra Prakash Soni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
