Dismissed

Gopal Lal Mali v. State of Rajasthan

Rajasthan HC29 Jan 2024HC/383/2023

Case brief

AI extract

What is this about?

In a D.B. Habeas Corpus petition filed by a petitioner regarding his allegedly missing minor daughter, the Court noted police investigation findings showing her age as major (DOB 09.12.2004). The Court held no point in continuing the petition and directed police to continue their investigation while dismissing the application.

What did the court decide?

Direction to police to continue investigation to trace the adult resort and suspects.

Gopal Lal Mali Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2024)

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[2024:RJ-JD:4385-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 383/2023

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Gopal Lal Mali S/o Meetu Lal Mali, Aged About 53 Years, R/o Jaswantpura, Rayla, District Bhilwara (Rajasthan).

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Home Depratment, Government Of Rajasthan, Secretariat, Jaipur.

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Inspector General Of Police, Police Headquarter, Jaipur.

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Superintendent Of Police, Bhilwara.

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Hemraj Regar S/o Jamna Lal Regar, R/o Itmariya, Bhilwara.

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Kundan Nayak S/o Pratap Nayak, R/o Dikola, Bhilwara.

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Kailash Regar S/o Balu Regar, R/o Aarjiya, Bhilwara

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Prabhu Lal Bairwa S/o Amba Lal Bairwa, R/o Kawakheda, Bhilwara.

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Manish Regar S/o Kundan Mal Regar, R/o Rayla, Bhilwara.

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Prakash Regar, R/o Maruti Colony, Bhilwara.

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Muskaan D/o Kundan Nayak, R/o Dikola, Bhilwara.

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----Respondents

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For Petitioner(s)	: Ms. Shobha Prabhakar Mr. Vishal Gurjar
For Respondent(s)	: Mr. M. A. Siddiqui,AAG
Present in Person	: Mr. Sunil Prasad CO Shahpura Distt. Shahpura

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN

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Judgment / Order

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29/01/2024

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This habeas corpus petition is filed by the petitioner alleging that his minor daughter is missing since 18.07.2023 and in relation to that, he has lodged an FIR at Police Station Rayla,

[2024:RJ-JD:4385-DB]

[HC-383/2023]

(2 of 3)

Distt. Bhilwara, wherein it is alleged that the persons named in the FIR abducted his minor daughter and they are sexually assaulting her. It is stated in the habeas corpus petition that the police are not making serious efforts to trace out petitioner’s minor daughter and therefore, a direction may be issued to the respondents to produce minor daughter of the petitioner before this Court.

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Learned AAG has submitted that in relation to the FIR lodged at the instance of the petitioner, investigation is going on and the police have found that the petitioner’s daughter is major as per the school record, wherein her date of birth is mentioned as 09.12.2004 and on the date, when she was missing from the house of the petitioner, she was major.

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The Investigating Officer, present in person, has submitted that during the course of investigation, it is revealed that the corpus eloped with one Hemraj Regar son of Jamanalal Regar and they visited Indore, Ratlam and Kedarnath also. It is further submitted that the police have thoroughly investigated the other suspected persons more than once and find that they are not involved in the matter. The Investigating Officer has further submitted that at present also, a police team is visiting Chiplun, Maharashtra for tracing out the corpus and the suspect.

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Taking into consideration the above facts and circumstances of the case, we are of the view that there is no point in continuing with this habeas corpus petition and the police are directed to continue with the investigation into the FIR lodged by the petitioner and make serious efforts to trace out the corpus and the suspect.

[2024:RJ-JD:4385-DB]

[HC-383/2023]

(3 of 3)

With these observations, this habeas corpus petition is

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dismissed.

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(MUNNURI LAXMAN),J

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(VIJAY BISHNOI),J

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26-DivyaTak/-

Gopal Lal Mali v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gopal Lal Mali v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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