Mukesh Kumar Soni S/o Shri Durga Lal vs State of Rajasthan

Instant petition has been filed by father of the alleged

detenue Karishma who has completed her post graduation and

indisputably has attained the age of majority.

The complaint of the petitioner is that she was missing since

4-1-2017 and left parents home without giving any information

and they tried to search but when her whereabouts could not be

made known to them at his instance MPR No.1 dt.7-1-2017 was

registered at Police Station Chaksu, Jaipur Rural and when no

satisfactory action was taken by the Investigating Officer in

tracing out the detenue, there was no other option left with the

petitioner except to approach this Court by filign instant habeas

corpus petition.

After notices were issued by this Court on 14-2-2017

although the matter was posted for 20-2-2017 but after the

detenue was recovered, in the morning today request was made

that since the deteue has been recovered permission be granted

for listing of the matter in the complimentary list and with consent

of the parties we granted the permission and the matter is listed

before us today in the complimentary list.

The detenue Karishma has been produced before the Court

and we took note of her wishes, although no formal statement has

been recorded but she has stated before the Court that she is

residing with Mahendra Kumar Jangid s/o Lallu Jangid who is not

only known to the detenue but also to her family members

including her parents and further stated she is not under illegal

custody, although she admits that she didn''t inform her parents

before leaving home on 4-1-2017 and has further stated that she

is not interested in going back to her parents and want to stay

with Mahendra Kumar Jangid S/o. Lallu Jangid.

Without examining the merits of the mater and taking note

of the admitted facts and the wishes of the detenue Karishma who

has attained the age of majority is certainly at liberty to go & stay

at the place of her choice and that apart there is no complaint

made by her against Mahendra Kumar Jangid S/o Lallu Jangid or

any other person.

In the given facts & circumstances, we consider it

appropriate to direct the respondents that let the detenue

Karishma D/o Mukesh Kumar Soni be made free and is at liberty

to stay at the place of her own choice and to avoid any untoward

incident which might occur, we further direct that adequate police

protection for reaching to the place of her residence be provided

to the detenue.

With these directions/observations, the habeas corpus

petition stands disposed of.