ishwar Lal Vs. State and ors - Court Judgment

SooperKanoon Citationsooperkanoon.com/1123485
CourtRajasthan Jodhpur High Court
Decided OnJan-15-2014
Appellantishwar Lal
RespondentState and ors
Excerpt:
[1].in the high court of judicature for rajasthan at jodhpur order d.b.civil writ (habeas corpus) petition no.14318/2013 ishwar lal versus the state of rajasthan & ors.date of order :: 15.01.2014 present hon'ble mr.justice govind mathur hon'ble mr.justice atul kumar jain mr.o.p.meghwanshi for the petitioner mr.b.k.mehar – government advocate by the court : this habeas corpus petition is preferred by mr.ishwar lal s/o mr.hari ram, by caste prajapat, resident of village baori, tehsil ahore within the jurisdiction of police station nosra, district jalore for production of his wife mrs.dariya, said to be under illegal detention of respondent no.4 ratti ram. as per the averments contained in the petition for writ, mrs.dariya with her two sons was abducted by ratti ram, the respondent no.4. this court by the order dated 13.12.2013 directed the petitioner to supply a copy of the habeas corpus petition to learned government advocate mr.b.k.mehar to enable him to [2].complete the instructions. on 08.01.2014 notices were issued to the parties and those were accepted by learned government advocate. a direction was further given to produce the corpus before the court. accordingly, mrs.dariya with her two sons, champa lal aged 12 years and kishore aged 6 years.are produced before us by mr.heera ram, the station house officer, police station nosara. mr.fau lal, the circle officer, district jalore too is present in the court. as per the directions given by us, learned deputy registrar (judicial) of this court has recorded the statements of mrs.dariya and master champa lal, her son aged 12 years.the statements are submitted to the court. the same be taken on record. mrs.dariya in quite unambiguous terms stated that she left her house voluntarily and presently she is living with respondent no.4 ratti ram as per her free will and wish. master champa lal, minor son of petitioner and mrs.dariya, also stated that he is staying with her mother. he also stated that his father was in habit of beating mrs.dariya and her children. mr.ratti ram s/o mr.laxman ji, by caste mali, resident of nosra, tehsil ahore, district jalore states that mrs.dariya with her two children is residing with him voluntarily. having considered all facts of the case, we are satisfied that the instant one is not a case of illegal detention. [3].be that as it may, alleged detenues mrs.dariya and her two sons have already been produced before the court, therefore, no further order is required to be passed. this petition for writ is disposed of, accordingly. mrs.dariya is at liberty to move as per her free will and wishes. the certified copies of the statements of mrs.dariya and master champa lal be given to learned government advocate, if applied for. [atul kumar jain]., j. [govind mathur]., j. pramod
Judgment:

[1].IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER

D.B.CIVIL WRIT (HABEAS CORPUS) PETITION NO.14318/2013 Ishwar Lal Versus The State of Rajasthan & ORS.Date of Order :: 15.01.2014 PRESENT HON'BLE Mr.JUSTICE GOVIND MATHUR HON'BLE Mr.JUSTICE ATUL KUMAR JAIN Mr.O.P.Meghwanshi for the petitioner Mr.B.K.Mehar – Government Advocate BY THE COURT : This habeas corpus petition is preferred by Mr.Ishwar Lal S/o Mr.Hari Ram, by caste Prajapat, resident of Village Baori, Tehsil Ahore within the jurisdiction of Police Station Nosra, District Jalore for production of his wife MRS.Dariya, said to be under illegal detention of respondent No.4 Ratti Ram.

As per the averments contained in the petition for writ, MRS.Dariya with her two sons was abducted by Ratti Ram, the respondent No.4.

This court by the order dated 13.12.2013 directed the petitioner to supply a copy of the habeas corpus petition to learned Government Advocate Mr.B.K.Mehar to enable him to [2].complete the instructions.

On 08.01.2014 notices were issued to the parties and those were accepted by learned Government Advocate.

A direction was further given to produce the corpus before the court.

Accordingly, MRS.Dariya with her two sons, Champa Lal aged 12 years and Kishore aged 6 yeaRs.are produced before us by Mr.Heera Ram, the Station House Officer, Police Station Nosara.

Mr.Fau Lal, the Circle Officer, District Jalore too is present in the court.

As per the directions given by us, learned Deputy Registrar (Judicial) of this court has recorded the statements of MRS.Dariya and Master Champa Lal, her son aged 12 yeaRs.The statements are submitted to the court.

The same be taken on record.

MRS.Dariya in quite unambiguous terms stated that she left her house voluntarily and presently she is living with respondent No.4 Ratti Ram as per her free will and wish.

Master Champa Lal, minor son of petitioner and MRS.Dariya, also stated that he is staying with her mother.

He also stated that his father was in habit of beating MRS.Dariya and her children.

Mr.Ratti Ram S/o Mr.Laxman Ji, by caste Mali, resident of Nosra, Tehsil Ahore, District Jalore states that MRS.Dariya with her two children is residing with him voluntarily.

Having considered all facts of the case, we are satisfied that the instant one is not a case of illegal detention.

[3].Be that as it may, alleged detenues MRS.Dariya and her two sons have already been produced before the court, therefore, no further order is required to be passed.

This petition for writ is disposed of, accordingly.

MRS.Dariya is at liberty to move as per her free will and wishes.

The certified copies of the statements of MRS.Dariya and Master Champa Lal be given to learned Government Advocate, if applied for.

[ATUL KUMAR JAIN]., J.

[GOVIND MATHUR]., J.

Pramod