Deepak And Ors vs State Of Rajasthan And Ors

Petitioners have preferred the present petition claiming the following reliefs :-

"It is, therefore, most respectfully and humbly prayed on behalf of the petitioners that the FIR No.134/2019 dated 27.05.2019 at Police Station Boranada, District Jodhpur may kindly be quashed and set aside and also provide the police protection to the petitioners."

Learned counsel for the petitioner submits that the petitioners got married to each other at Delhi on 26.05.2019 and are residing together as husband and wife with free will and consent. It is an admitted position that habeas corpus petition was filed by the father of the petitioner No.2 and here respondent No.2 / FIR lodger is uncle of the petitioner No.2. The Habeas corpus petition bearing No.130/2019 was disposed of by the Division Bench of this Court on 27.08.2019 after recording its satisfaction that there was no unlawful detention of the petitioner No.2. The petitioners have raised grave apprehension of their safety. The order dated 27.08.2019 reads as under :-

"Heard. Perused the material available on record. Though the petitioner claims in this habeas corpus petition that his daughter Mst. Sanjana is missing and might be confined but the documents available on the case diary reveal a different story. The girl has filed a criminal misc. petition under Section 482 Cr.P.C. being S.B. Criminal Misc. Petition No.3850/2019 before this Court. In addition thereto, Mst. Sanjana appeared in the court of Judicial Magistrate-IV, Mathura and filed a complaint against the present petitioner and various other persons for numerous offences. Her statement has been recorded under Section 200 Cr.P.C. in the said complaint on 07.08.2019.

Manifestly, since the girl has been appearing in the Courts, she cannot be said to be under any kind of illegal confinement. We therefore, dispose of the instant habeas corpus petition as having become infructuous by subsequent events noted above. Rule is discharged. The Investigating Officer shall however, conduct thorough investigation into the FIR No.134/2019 PS Boranada Jodhpur."

Learned Senior Counsel Shri J.S. Choudhary appearing with Mr. Pradeep Choudhary for the respondent No.2 submits that respondent No.2 who is uncle of the petitioner No.2 would not create any undue and unlawful pressure upon the petitioners.

Learned Public Prosecutor assures this Court that whenever petitioners approach the concerned investigating officer, they shall be given proper protection and the concerned investigating officer shall enable recording of their statement under Section 164 of Cr.P.C.

Heard learned counsel for the parties.

This Court finds that the Hon'ble Division Bench of this Court in the habeas corpus petition has recorded its satisfaction that the petitioner No.2 appeared in the Courts at Mathura to take up her cause reasonably which indicates that she is not in illegal custody. However, the investigation has to be closed by the concerned investigating authority after recording the statement of petitioner No.2 under Sections 161 and 164 of Cr.P.C.

This Court, thus, disposes of the present misc. petition with a direction to the petitioner No.1 to appear before the concerned investigating officer within a period of 30 days from today and previous intimation of her coming shall be given by the petitioner No.2 through her counsel to the investigating officer. The concerned investigating officer shall provide all necessary security to the petitioners and ensure that no harm or unlawful pressure is created upon the petitioners while they render their statement under Sections 161 and 164 of the Cr.P.C.