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1989 DIGILAW 771 (RAJ)

Banni Ram v. State of Rajasthan

1989-10-19

N.C.KOCHHAR, S.S.VYAS

body1989
JUDGMENT 1. 1. Smt. Kela was produced before us. Her statement was recorded. In her statement she has stated her age as 21 years. She further stated that she is living with Ram Swaroop and will live with him in future. 2. Mr. Rastogi contends that Smt. Kela is minor below 18 years in age. We summarily dismiss this contention because no such allegation has been made in the petition as well as in the complaint filed by the petitioner Banni Ram on which a case was registered at the police station under the orders of the Judicial Magistrate. 3. Since Smt. Kela appears to be major, she is free to go to the place she likes. 4. Smt. Kela has also stated in her statement that she even does not know the petitioner Banni Ram. The case diary was also perused by us. Her statement was also recorded by a Judicial Magistrate and in that statement also she refused that she ever knew the petitioner Banni Ram. 5. Smt. Kela has made a request that police aid may be given to her to go to the place she likes as she apprehends danger from the petitioner Banni Ram. The prayer is proper. The Dy. S.P., Deeg and the S.H.O., P.S., Kama, who are present in this court are directed to escort her to the place where she wants to go. 6. In our opinion, this Habeas Corpus Petition has been mischievously filed by the petitioner and, as such, it would not be improper to award costs to Smt. Kela who has come to this Court from a long distance. Taking these factors into consideration, we direct the petitioner Banni Ram to pay a sum of Rs. 250/- as costs of this petition to Smt. Kela within one month from now. He will deposit this amount in the Court of the Chief Judicial Magistrate, Bharatpur within the said period. The Chief Judicial Magistrate, Bharatpur is directed that in case the aforesaid amount is not paid by the petitioner to Smt. Kela, he will proceed to recover it in accordance with the provisions under the Recovery of Fine under the Criminal Procedure Code. 7. The Habeas Corpus Petition is dismissed.Petition dismissed. *******