High CourtsDivision Bench

Mahendra Kumar vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 21 August 2023 · Citation: (2023) 08 RAJ CK 0076

HON’BLE JUDGES
Arun Bhansali, J · Rajendra Prakash Soni, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 164
RESULT
Dismissed
CASE NUMBER
Habeas Corpus Petition No. 225 Of 2023
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Judgment

7 paragraphs · 192 words
1.

This petition in the nature of habeas corpus has been filed by the petitioner alleging wrongful detention of his minor daughter by respondent No.4.

2.

By order dated 06.07.2023, copy of the petition was ordered to be served on learned AAG, who was directed to file factual report.

3.

The matter was listed before the Court on few occasions and time was sought for producing the corpus before the Court.

4.

Today, the matter has been got listed by learned AAG with the submissions that the corpus has been recovered.

5.

It is submitted by learned AAG that the corpus, who was missing since 30.05.2023, on her own has gone to the petitioner-father and they have brought the corpus to the police station, whereafter her statements under Section 164 Cr.P.C. have been recorded and she has been subjected to medical examination also.

5.

In view of the fact that the corpus, on her own, has returned back to the petitioner and in her statements under Section 164 Cr.P.C. also she has indicated the said aspect, the petition has been rendered infructuous.

6.

Accordingly, the petition is dismissed as having become infructuous.