Rajasthan High Court - Jaipur
Pooja Chaudhary Daughter Of Sanwar Mal ... vs State Of Rajasthan (2023/Rjjp/001828) on 6 February, 2023
Bench: Pankaj Bhandari, Bhuwan Goyal
[2023/RJJP/001828]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Habeas Corpus Petition No. 32/2023
Pooja Chaudhary Daughter Of Sanwar Mal Wife Of Shri Dinesh
Nitharwal, Resident Of Ganeshpura, Bobas, Jaipur Rajasthan,
IInd Address- Plot No. 148, Vaishali Vihar, Hathoj, Sirsi Road,
Jaipur, Police Station Kardhani, Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Home Secretary, Secretariat,
Jaipur.
2. Director General Of Police, Rajasthan, Jaipur.
3. Commissioner Of Police, Jaipur Metropolitan, Jaipur.
4. Additional Director General Of Police, Anti Human
Trafficking Unit, Jaipur.
5. Station House Officer, Police Station Nahargarh, Jaipur
(Raj.).
6. Assistant Director, Rajya Mahila Sadan, Samajik Nyay And
Adhikarita Vibhag, Shikarpura Road, Ramsinghpura,
Pratap Nagar, Sanganer, Jaipur (Raj.).
7. Ratan Singh Shekhawat Son Of Not Known, Resident Of
Rajputana Khana Upar, Bhonawas, Jaipur (Raj.) 303106.
8. Sangeeta Shekhawat Wife Of Shri Ratan Singh, Resident
Of Rajputana Khana Upar, Bhaunawas, Jaipur, Rajasthan-
303106.
----Respondents
For Petitioner(s) : Mr. Kunal Sharma For State : Mr. Rajendra Yadav, GA-cum-AAG assisted by Mr. N.S. Gurjar, Assistant Govt. Adv.
For Respondent(s) : Ms. Manasui Marashi Mr. Devendra Kumar, C.I. S.H.O. Police Station Nahargadh, Jaipur with Ms. Suman Sharma, F.C.-12921, present in person HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL (Downloaded on 09/02/2023 at 12:36:21 AM) [2023/RJJP/001828] (2 of 3) [HC-32/2023] Order 06/02/2023
1. Petitioner-Pooja Chaudhary has preferred this habeas corpus petition seeking production of the corpus who is stated to be her friend.
2. It is alleged in the petition that corpus is being detained illegally by her parents who want to forcefully marry her.
3. Corpus has been produced in the Court by Mr. Devendra Kumar, C.I., S.H.O. Police Station Nahargadh, Jaipur & Ms. Suman Sharma, F.C.-12921.
4. We have interacted with the corpus and ascertained her wish.
5. Corpus is a major who has stated before the Court that she does not wish to go with respondent Nos.7 and 8, i.e. parents of the corpus and she is under threat that she would be forcefully married. She has also stated that she has been residing in Rajya Mahila Sadan, Samajik Nyay & Adhikarita Vibhag, Ramsinghpura, Pratap Nagar, Sanganer, Jaipur, for last more than four months.
6. Learned State Counsel has submitted a report prepared by S.H.O. Police Station Nahargadh Road, Jaipur, as per which also, the corpus has refused to go with her parents & her relatives and on her request, she was deposited in the aforementioned Mahila Sadan. Now, corpus has clearly expressed before the Court that she wants to go with the petitioner-Pooja Chaudhary, friend of the corpus.
7. In view of the wish expressed by the corpus who is a major, we deem it proper to allow the present habeas corpus petition.
8. The present Habeas Corpus Petition is accordingly, allowed. (Downloaded on 09/02/2023 at 12:36:21 AM)
[2023/RJJP/001828] (3 of 3) [HC-32/2023]
9. Since, corpus has expressed her wish to go with the petitioner-Pooja Chaudhary, who is friend of the corpus, the Police Officials of the Police Station Nahargadh, Jaipur, present in person before the Court, are directed to safely escort the corpus to the place of her choice.
10. Copy of this order be provided to the learned Government Advocate-cum-Additional Advocate General today itself for necessary compliance.
(BHUWAN GOYAL),J (PANKAJ BHANDARI),J AMIT/C-1 (Downloaded on 09/02/2023 at 12:36:21 AM) Powered by TCPDF (www.tcpdf.org)