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2010 DIGILAW 790 (RAJ)

Ramkhiladi Meena v. State of Rajasthan

2010-04-07

K.S.CHAUDHARI, SATYA PRAKASH PATHAK

body2010
JUDGMENT 1. The petitioner, who is father of the detenu Seema Meena, has filed this habeas corpus petition with the prayer that detenu be recovered, who is in the illegal detention of respondent No. 4 Harsh Kumar s/o Mohan. No reply has been filed by the Respondents. Progress report of the investigation conducted in the matter up till now has been filed. On 29.03.2010, the detenu was produced in the court and thereafter was sent to Nari Niketan, Jaipur. Again, the matter was listed in the court on 31.03.2010. On 31.03.2010, it was argued that the detenu is minor, therefore, the court directed the Superintendent, SMS Hospital, Jaipur to constitute a medical board to ascertain the age of detenu. She was also sent to Nari Niketan, Jaipur. Today in the morning at about 11.30 AM, detenu was produced in the court and she stated that she is major. Her date of birth in the school certificate is not correct and she does not want to go with her parents. She wants to live with her husband. 2. It was directed that Dy. Registrar (Judicial) should record the statement of detenu and thereafter the file be placed before the court. The Dy. Registrar (Judicial) has recorded the statement of detenu. The same has been kept on the file. In the opinion of the medical board, on account of black mole on chin, OSM on right elbow, X-ray wrist, elbow, pelvis for age estimation etc. the age of detenu is between 19 to 20 years. In the certificate of Board of Secondary Education Rajasthan date of birth of detenu has been mentioned as 16.06.1992. Thus, it appears that she has completed more than 17 years 9 months and some days, therefore, there is no hesitation in coming to the conclusion that she has attained the age of discretion and she understands her welfare. In the statement recorded by the Dy. Registrar (Judicial), it appears that she has stated that she was not under the influence of anybody and she wants to live with her husband. It has also been stated in the statement that out of the wedlock, a child has born and her father has lodged a false report in relation to kidnapping the detenu. Registrar (Judicial), it appears that she has stated that she was not under the influence of anybody and she wants to live with her husband. It has also been stated in the statement that out of the wedlock, a child has born and her father has lodged a false report in relation to kidnapping the detenu. Be that as it may, one thing apparent is that detenu present in the court appears to be fully developed lady having a small baby in her lap. As per the medical evidence, she is between 19 to 20 years and as per the educational certificate, she is almost completing 18 years. If that be so, she can take her decision where she wants to go and where she wants to live. 3. In view of above, we do not find any merit in the contention of the learned counsel for the petitioner that she being minor, her custody should be handed over to him. The habeas corpus petition is liable to be dismissed with the direction to the Superintendent, Nari Niketan, Jaipur to send her to her desired place in the protection of police. In this connection, the police authorities shall cooperate on seeking assistance from them for leaving the c1etenu at her desired place. 4. The SHO, Police Station Sadar, Karauli was directed on the previous date i.e. 31.03.2010 to remain present in the court, but he is not present. It is a serious matter. There should not be any lapse on the part of the police authorities when it was specifically directed to the SHO to remain present in the court. We hope that in future, the respondent No. 3 SHO, Police Station Sadar, Karauli shall not repeat such type of mistakes which amounts to deliberate disobedience of the order passed by this court. However, we direct the respondent No.3 SHO, Police Station Sadar, Karauli to leave the detenu at her desired place. The Addl. Government Counsel is directed to intimate the SHO, Police Station today itself that detenu who is in Nari Niketan, Jaipur be left at her desired place in police protection.The Habeas corpus petition stands disposed of, accordingly.Writ Petition Disposed of. *******