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1997 DIGILAW 403 (RAJ)

Moinuddin v. State of Rajasthan

1997-03-20

P.K.TEWARI, RAJENDRA SAXENA

body1997
JUDGMENT 1. 1. Reply has been filed on behalf of respondents Nos. 1 to 3. 2. Shri Sanjay Shrotria, Dy.S.R, Officer-in-charge of this case & Shri Shiv Prakash, SHO-Police Station-Manak Chowk (respondent No. 3) have produced Jamna Nandwani in the court today. This case was initially taken up at 11.00 a.m. but at the request of Shri Surana to the effect that some time be given to Ms. Jamna for reflection, we asked her to sit in our Chamber alone and no person was permitted to meet her. We also informed Jamna that her statement shall be recorded. 3. The proceedings in the case were again resumed at 12.30 p.m. Statement of Ms. Jamna was recorded in the court, wherein she has deposed that her age is 27 years, that she passed her 1st year T.D.C. (Arts) in the year 1993 and that petitioner-Moinuddin was her tutor for about two years. She further deposed that about a month back petitioner Moinuddin induced and took her to Mumbai. He assured that he would provide every thing and make her a beautician. She stated that she stayed with the petitioner in Mumbai for about a month. She categorically told that she did not embrace Islam religion, that she married petitioner but hastened to add that the latter had procured her signatures on about 40-50 blank papers, that thereafter the petitioner brought her to Jaipur, where through one person she was left near Saraogi Mansion. She deposed that thereafter she went to her father's shop and since then she is living with her parents at Kanwar Nagar, Jaipur. She has further deposed that she has been living with her father willingly, voluntarily and without any duress and that she has neither been threatened nor put under illegal detention. She stated that she wants to live with her parents and does not want to go with the petitioner. She also stated that no police officer/personnel had put any pressure on her. She also deposed that she has not filed any writ petition in the High Court and that she is known by the name of Jamna and that Seema is not her another name. 4. After the statement was recorded Ms. She also stated that no police officer/personnel had put any pressure on her. She also deposed that she has not filed any writ petition in the High Court and that she is known by the name of Jamna and that Seema is not her another name. 4. After the statement was recorded Ms. Jamna stated in the court that a file containing her education/academic certificates and testimonials are lying with petitioner- Moinuddin and the latter should be asked to return those to her For this relief, Ms. Jamna should seek remedy available to her in accordance with law. 5. We are satisfied that Ms. Jamna has voluntarily given her statement and that she is a major girl and, as such, she is at liberty to go anywhere she likes. Since Ms. Jamna has neither been kept under illegal detention nor under wrongful confinement, there is no question of any violation of her fundamental rights. In such circumstances, this Habeas Corpus petition does not survive, which is hereby dismissed. 6. The SHO, Police Station, Manak Chowk, Jaipur, is directed to ensure that Ms. Jamna reaches her parents house safely. The security amount of Rs. 2000/- deposited by the petitioner be refunded to him.Petition dismissed. *******