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Lalchand vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 21 August 2023 · Citation: (2023) 08 RAJ CK 0077

HON’BLE JUDGES
Arun Bhansali, J · Rajendra Prakash Soni, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 164
RESULT
Disposed Of
CASE NUMBER
Habeas Corpus Petition No. 132 Of 2023
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Judgment

9 paragraphs · 346 words
1.

This petition in the nature of habeas corpus has been filed by the petitioner alleging that his sister is in wrongful confinement of respondent No.4 Pappu Ram.

2.

By order dated 27.04.2023, copy of the petition was ordered to be served on learned AAG, who was directed to complete his instructions/file factual report.

3.

Thereafter, the matter was listed on various occasions before this Court and factual reports have been produced indicating the efforts made to locate the corpus and the suspect.

4.

Today, learned AAG has got the matter listed with the submissions that the corpus has been recovered. It is inter-alia submitted in the factual report that F.I.R. was lodged on 30.03.2023, inter-alia, indicating that the corpus has been abducted by respondent No.4.

5.

The corpus was recovered on 18.08.2023 and as per records, as she is a minor, she was produced before CWC, Bikaner, who ordered to lodge her in Balika Grah, Bikaner. Her statements under Section 164 Cr.P.C. have been recorded on 19.08.2023 and is present today before this Court.

6.

The statements of the corpus under Section 164 Cr.P.C. have been produced. On perusal of record, she has indicated that she went with respondent No.4 as per her own will and wanted to be with him only.

7.

We have conferred with the corpus in camera and after extensive consultation, the corpus has indicated that she wanted to go with her family members i.e. brother/maternal uncle/maternal aunty. We also tried to illicit the reason for her change in stand from 19.08.2023 i.e. in her statements under Section 164 Cr.P.C. and before the Court today. However, she insisted that on a re-thinking, she feels that she must go with her family only.

8.

In view of the above fact situation, the corpus, who is a minor, her custody as per her wishes be handed over to her family i.e. brother/maternal uncle/maternal aunty. The custody has been handed over in the Court itself and a communication in this regard be sent to Balika Grah, Bikaner.

9.

Accordingly, this petition stands disposed of.