Dismissed

Nawal Kishor Sharma Son of Natthi Lal v. State of Rajasthan

Rajasthan HC19 Nov 2024HC/388/2024

Case brief

AI extract

What is this about?

High Court dismissed a Habeas Corpus petition seeking production of the petitioner's minor daughter. The court noted the daughter had complained to police that she left voluntarily and sought protection. As an FIR for kidnapping was already lodged, the court declined to entertain the petition.

What did the court decide?

The Habeas Corpus petition was dismissed; the jurisdiction to inquire on the FIR rests with the concerned Magistrate.

Nawal Kishor Sharma Son of Natthi Lal Vs… — Child Custody and Guardianship | Rajasthan HC (2024)

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[2024:RJ-JP:47342-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Habeas Corpus Petition No. 388/2024

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Nawal Kishor Sharma Son Of Natthi Lal, Aged About 46 Years, R/o Syed Colony, Goleta, Police Station Udyog Nagar, Alwar District Alwar.

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----Petitioner

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Versus

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

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Superintendnent Of Police, Alwar.

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Station House Officer, P.s. Udyog Nagar, Alwar District Alwar.

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The Additional Director General Of Police, Anti Human Trafficking Unit, Jaipur.

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Rambabu Sharma @ Rohit Sharma Son Of Shri Bhulli Ram Sharma, R/o Samoli, Tehsil Kathumar, At Present Bakhtal Ki Choki, Alwar District Alwar.

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----Respondents

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For Petitioner(s) : Mr. Arvind Bhadu For State : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Aman Kumar, AAAG

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Mr. Bhupendra Singh SHO, MIA (Alwar), present in person

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA

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Order

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19/11/2024

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Petitioner has filed this Habeas Corpus Petition seeking production of the corpus who happens to be daughter of the petitioner.

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It is contended by learned GA-cum-AAG that the corpus has sent a complaint to the police that she had left her house with her

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(2 of 2)

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[2024:RJ-JP:47342-DB]

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[HC-388/2024]

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friend on her own free will and was staying with her friend. She has sought protection from the Police against her parents.

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We have considered the contentions.

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Since corpus is a major and has sent a complaint to the Police that she had left the house on her own free will and is not in any illegal detention. FIR with regard to kidnapping and abduction has already been lodged by the petitioner, we are not inclined to entertain this habeas corpus petition. The same is disposed of.

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Petitioner is free to approach the concerned Magistrate to inquire about the progress in the FIR.

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(SHUBHA MEHTA),J

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(PANKAJ BHANDARI),J

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MAHIMA/35

Nawal Kishor Sharma Son of Natthi Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Nawal Kishor Sharma Son of Natthi Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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