Habeas corpus petition by a father whose 18-year-old daughter was missing; the corpus appeared before the court, stated she was a major living with respondent No.4 as his wife after marriage and not detained illegally. Petition dismissed; police directed to facilitate her return to a place of her choice.
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[2024:RJ-JD:5257-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 353/2023
Prem Singh S/o Moti Singh, Aged About 45 Years, B/c Rawat, R/o Uman Ka Bera, Guda Gopinath, Tehsil Desuri, District Pali (Raj.).
----Petitioner
Versus
----Respondents
| For Petitioner | : Mr. Hitendra Singh |
|---|---|
| For Respondent Nos.1 to 3 | : Mr. M.A. Siddiqui, GA-cum-AAG with Mr. A.R. Malkani, AAAG |
| Present in person | : Mr. Varda Singh, H.C., P.S. Khinwada, District Pali |
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
01/02/2024
1. This habeas corpus petition has been filed on behalf of the petitioner stating that his daughter aged 18 years is missing since 06th /07th September, 2022 and in relation to that he has lodged a missing person report at Police Station Khinwada, District Pali, however, the police are not making any efforts to trace out his daughter. It is also alleged by the petitioner that he has
(2 of 2)
[2024:RJ-JD:5257-DB]
[HC-353/2023]
apprehension that his daughter is in illegal detention of respondent Nos.4 to 6.
2. Learned GA-cum-AAG has filed the factual reports from time to time, wherein the efforts carried out by the police to trace out the corpus have been mentioned.
3. Today, the corpus appeared before this Court on her own and has submitted that she has been informed by the police regarding pendency of this habeas corpus petition.
4. We have interacted with the corpus and she has specifically stated that she is major and not in illegal detention of anybody, residing with the respondent No.4 as his wife after solemnizing marriage with him. The corpus has refused to meet the petitioner or her family members.
5. Taking into consideration the fact that the corpus is major and is not in illegal detention of anybody, we don’t find any case for issuance of writ of habeas corpus.
6. Hence, this habeas corpus petition is dismissed.
7. The police are directed to facilitate the return of the corpus
to the place of her choice.
(MUNNURI LAXMAN),J
(VIJAY BISHNOI),J
Abhishek Kumar S.No.22
1 issue framed by the court
Whether the petitioner's daughter is in illegal detention of respondent Nos.4 to 6 and a writ of habeas corpus should issue.
Prem Singh S/o Moti Singh
The State of Rajasthan, through the Secretary of Home Affairs Department
The Superintendent of Police, Pali
The S.H.O., Police Station Khinwada, District Pali
Mahaveer S/o Chunni Lal
Nirmal Kumar S/o Chunni Lal
Vijay Bishnoi
Munnuri Laxman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
