1 D.B.CIVIL WRIT (HABEAS CORPUS) PETITION NO.3057/2014 RAJESH V/S STATE OF RAJ.
& ORS.*** DATE OF ORDER
2804.2014 HON'BLE Mr.GOVIND MATHUR,J HON'BLE Mr.ATUL KUMAR JAIN ,J Mr.Vinay Jain for the petitioner Mr.Shiv Kumar Vyas, Government Advocate This Habeas Corpus petition is preferred to have a direction to produce alleged detenue Smt.Sharda before this Court.
As per the facts averred in the petition for writ, the petitioner and alleged detenue Smt.
Sharda entered into wedlock on 16.05.2014 at Vaishnav Devi Mandir, Katra in the State of Jammu & Kashmir.
After the marriage, a case for the offences punishable under sections 363 & 366 of the Indian Penal Code was lodged at the instance of Shri Luna Ram, father of the alleged detenue against the petitioner.
Looking to the case lodged and also other circumstances, Smt.
Sharda submitted a representation to the District Magistrate, Hanumangarh on 17.01.2014 demanding necessary protection.
She also appeared before learned Judicial Magistrate, FiRs.Class, Rawatsar District Hanumangarh on 21.01.2014 to get her statement recorded as per the provisions of section 164 of the Code of Criminal Procedure.
Before the learned Judicial Magistrate, Smt.
Sharda stated that she entered into wedlock with Rajesh with her free will 2 and wishes.
She also desired to live with petitioner Shri Rajesh.
Subsequent thereto, as per the petitioner, Smt.
Sharda was forcibly taken to her maternal home by the respondents No.4 to 6.
An application as per the provisions of Section 97 & 98 of the Code of Criminal Procedure was also filed before the Sub Divisional Magistrate, Nohar District Hanumangarh but of no consequence.
With this factual background, this Habeas Corpus Petition is preferred.
This Court by the order dated 22.04.2014 directed learned Government Advocate to avail necessary instructions in the matter.
In pursuant thereto, alleged detenue Smt.
Sharda is produced before this court by the police officials of Police Station, Talwara District Hanumangarh.
The court considered it appropriate to get statement of Smt.
Sharda recorded by a competent Judicial Magistrate, accordingly, in pre lunch houRs.a direction was given to the Chief Judicial Magistrate, Jodhpur Metropolitan, Jodhpur to get statement of Smt.
Sharda recorded.
The statement as per the direction given has been recorded by the learned Additional Chief Judicial Magistrate (Economic Offences).Jodhpur Metropolitan, Jodhpur.
As per the statement made by Smt.
Sharda, she though was staying with her parents voluntarily but now desires to live with petitioner Shri Rajesh.
The statement given by Smt.Sharda bears necessary confidence and does not appear to be given under any pressure.
3 Having considered the will of Smt.
Sharda as disclosed in her statement, we deem it appropriate to dispose of this Habeas Corpus Petition by keeping Smt.
Sharda at liberty to move as per her free will and wishes.
If she desires, she may proceed with the petitioner Rajesh who is also present in the court (as identified by Smt.
Sharda).On asking Shri Rajesh submits that he would be going to his native village Deeplana, Tehsil-Nohar District Hanumangarh within the jurisdiction of Police Station Gogamedi.
While disposing of this petition for writ in terms of above, we also consider it appropriate to direct the Superintendent of Police, Hanumangarh and also the Station House Officer, Police Station, Gogamedi to provide all necessary security to Shri Rajesh and Smt.
Sharda, if required.
[ATUL KUMAR JAIN]., J.
[GOVIND MATHUR]., J.
Anil Singh