Habib Khan Vs. State of Raj. and ors - Court Judgment

SooperKanoon Citationsooperkanoon.com/1096476
CourtRajasthan Jodhpur High Court
Decided OnOct-28-2013
AppellantHabib Khan
RespondentState of Raj. and ors
Excerpt:
d.b.habeas corpus petition no.12052/2013. habib khan versus state of rajasthan & ors.// 1 // 23 d.b.habeas corpus petition no.12052/2013. habib khan versus state of rajasthan & ors.date of order :: 28th october 2013. hon'ble mr.justice dinesh maheshwari hon'ble mr.justice p.k.lohra mr.manoj pareek, for the petitioner. mr.anand purohit, senior advocate & aag with mr.b.k.mehar, government counsel. mr.anant kumar, addl. sp, udaipur – investigating officer. ms.durga devi, lady constable (no.558).amba mata police station, udaipur. the daughter of the petitioner has been produced before us pursuant to the order dated 18.10.2013. we have conferred with her in camera and thereafter, in presence of all the concerned. what she has given out is : (i) that she does not want to go with her parents nor is ready even to talk to them; (ii) that she is lodged in nari niketan at jodhpur but the condition of the said nari niketan is quite pathetic and she had not been able to eat properly or even to take a cup of tea properly for last 10 days since she has been lodged therein; (iii) that she may be ordered to be shifted to seva mandir at udaipur where she was lodged earlier; (iv) that her medical examination for the purpose of age determination may be ordered; and (v) that having her recovered, one police officer shri narayan singh rather misbehaved with her. as regards the above submission no.(i).we have permitted the parents, present in the court, to talk to their daughter but she has made it clear that she does not want to go with the parents. d.b.habeas corpus petition no.12052/2013. habib khan versus state of rajasthan & ors.// 2 // as regards the submission no.(ii) and (iii) above, the learned additional advocate general mr.anand purohit submits that appropriate steps shall be taken up for improvement of the condition of the nari niketan at jodhpur; and the concerned authorities shall be directed to immediately work on the same. mr.purohit further submits that having regard to the circumstances of the case, if the daughter of the petitioner is required to be continued in legal custody, the respondents shall have no objection in shifting her to seva mandir at udaipur, where she was lodged earlier. as regards the submission no.(iv) regarding the prayer of the daughter of the petitioner for her medical examination, it is considered appropriate and hence directed that the investigating officer shall ensure that the medical examination of the daughter of the petitioner for the purpose of age determination is carried out. in this regard, mr.anant kumar, additional superintendent of police, udaipur, who is dealing with this matter now, assures that the medical examination of the daughter of the petitioner for the purpose of age determination shall be requested and report shall be obtained from the rnt medical college, udaipur at the earliest. as regards the submission no.(v).i.e., the complaint orally made by the daughter of the petitioner on the behaviour of the police officer mr.narayan singh, mr.anant kumar, additional sp submits that said mr.narayan singh had been the head constable of amba mata police station, udaipur, who had been dealing with this matter earlier. however, mr.kumar assures the d.b.habeas corpus petition no.12052/2013. habib khan versus state of rajasthan & ors.// 3 // court that appropriate steps shall be taken on the complaint as made by the daughter of the petitioner as also it would be ensured that no harassment is caused to her. having regard to the submissions so made and while taking note of all the facts and circumstances, as at present, we consider it appropriate and hence order that the daughter of the petitioner shall be shifted to seva mandir, udaipur where she was lodged earlier. the investigating officer shall further ensure her medical examination for the purpose of age determination at the earliest and it shall also be required of the respondents to take all other necessary steps as assured before the court. the explanation submitted by the respondent investigating officer in compliance of the requirements of the order dated 18.10.2013 is kept on record. appropriate orders in that regard shall be considered on the next date. it shall be the responsibility of the investigating officer alongwith the lady constable to take and escort the daughter of the petitioner and lodge her at seva mandir, udaipur under his personal supervision. the daughter of the petitioner shall be produced before us on the next date. list this matter on 14.11.2013, as prayed for and agreed to by the learned counsel for the parties. (p.k.lohra).j. (dinesh maheshwari).j. /mohan/
Judgment:

D.B.HABEAS CORPUS PETITION No.12052/2013.

Habib Khan versus State of Rajasthan & ORS.// 1 // 23 D.B.HABEAS CORPUS PETITION No.12052/2013.

Habib Khan versus State of Rajasthan & ORS.Date of Order :: 28th October 2013.

HON'BLE Mr.JUSTICE DINESH MAHESHWARI HON'BLE Mr.JUSTICE P.K.LOHRA Mr.Manoj Pareek, for the petitioner.

Mr.Anand Purohit, Senior Advocate & AAG with Mr.B.K.Mehar, Government Counsel.

Mr.Anant Kumar, Addl.

SP, Udaipur – Investigating Officer.

Ms.Durga Devi, Lady Constable (No.558).Amba Mata Police Station, Udaipur.

<<>> The daughter of the petitioner has been produced before us pursuant to the order dated 18.10.2013.

We have conferred with her in camera and thereafter, in presence of all the concerned.

What she has given out is : (i) that she does not want to go with her parents nor is ready even to talk to them; (ii) that she is lodged in Nari Niketan at Jodhpur but the condition of the said Nari Niketan is quite pathetic and she had not been able to eat properly or even to take a cup of tea properly for last 10 days since she has been lodged therein; (iii) that she may be ordered to be shifted to Seva Mandir at Udaipur where she was lodged earlier; (iv) that her medical examination for the purpose of age determination may be ordered; and (v) that having her recovered, one Police Officer Shri Narayan Singh rather misbehaved with her.

As regards the above submission No.(i).we have permitted the parents, present in the Court, to talk to their daughter but she has made it clear that she does not want to go with the parents.

D.B.HABEAS CORPUS PETITION No.12052/2013.

Habib Khan versus State of Rajasthan & ORS.// 2 // As regards the submission No.(ii) and (iii) above, the learned Additional Advocate General Mr.Anand Purohit submits that appropriate steps shall be taken up for improvement of the condition of the Nari Niketan at Jodhpur; and the concerned authorities shall be directed to immediately work on the same.

Mr.Purohit further submits that having regard to the circumstances of the case, if the daughter of the petitioner is required to be continued in legal custody, the respondents shall have no objection in shifting her to Seva Mandir at Udaipur, where she was lodged earlier.

As regards the submission No.(iv) regarding the prayer of the daughter of the petitioner for her medical examination, it is considered appropriate and hence directed that the Investigating Officer shall ensure that the medical examination of the daughter of the petitioner for the purpose of age determination is carried out.

In this regard, Mr.Anant Kumar, Additional Superintendent of Police, Udaipur, who is dealing with this matter now, assures that the medical examination of the daughter of the petitioner for the purpose of age determination shall be requested and report shall be obtained from the RNT Medical College, Udaipur at the earliest.

As regards the submission No.(v).i.e., the complaint orally made by the daughter of the petitioner on the behaviour of the Police Officer Mr.Narayan Singh, Mr.Anant Kumar, Additional SP submits that said Mr.Narayan Singh had been the Head Constable of Amba Mata Police Station, Udaipur, who had been dealing with this matter earlier.

However, Mr.Kumar assures the D.B.HABEAS CORPUS PETITION No.12052/2013.

Habib Khan versus State of Rajasthan & ORS.// 3 // Court that appropriate steps shall be taken on the complaint as made by the daughter of the petitioner as also it would be ensured that no harassment is caused to her.

Having regard to the submissions so made and while taking note of all the facts and circumstances, as at present, we consider it appropriate and hence order that the daughter of the petitioner shall be shifted to Seva Mandir, Udaipur where she was lodged earlier.

The Investigating Officer shall further ensure her medical examination for the purpose of age determination at the earliest and it shall also be required of the respondents to take all other necessary steps as assured before the Court.

The explanation submitted by the respondent Investigating Officer in compliance of the requirements of the order dated 18.10.2013 is kept on record.

Appropriate orders in that regard shall be considered on the next date.

It shall be the responsibility of the Investigating Officer alongwith the Lady Constable to take and escort the daughter of the petitioner and lodge her at Seva Mandir, Udaipur under his personal supervision.

The daughter of the petitioner shall be produced before us on the next date.

List this matter on 14.11.2013, as prayed for and agreed to by the learned counsel for the parties.

(P.K.LOHRA).J.

(DINESH MAHESHWARI).J.

/Mohan/