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2011 DIGILAW 908 (RAJ)

Malla Ram v. State of Rajasthan

2011-05-04

KAILASH CHANDRA JOSHI

body2011
JUDGMENT 1. - Heard learned counsel for the petitioner and the learned Public Prosecutor for the State. 2. The brief facts of the case are that complainant filed a complaint on 21.02.2011, which was sent for investigation under section 156 (3) Cr.P.C. where on FIR No. 88/2011 was registered and during the course of investigation the girl was recovered. The statement of the girl was recorded under section 164 Cr.P.C. wherein she specifically stated that she wants to reside with her husband and thereafter she preferred an application before the court below with the prayer that she may be permitted to go with her husband. The learned court below rejected the application and ordered to send her to Nari Niketan vide order dated 05.03.2011. The petitioner thereafter preferred an application before the court below to hand over his wife but the same was also dismissed by the court below vide order dated 30.03.2011. Being aggrieved by the aforesaid order , the petitioner has preferred this cri. Misc. petition. 3. The counsel for the applicant contended that the order of the learned trial court is per se perverse , illegal and against the provisions of law because a major girl cannot be ordered to be kept in the Nari Niketan for unlimited period and particularly in view of the statement recorded under section 164 Cr.P.C. The order of the learned trial court cannot be sustained and it requires to be set aside. 4. The counsel for the petitioner relied on the following judgments of the coordinate Bench of this Court:- 1. Bhaga Ram v. The State of Rajasthan [ 2009 WLC (Raj.) UC 290] 2. Chatra Ram v. The State of Rajasthan & Ors., [SB Criminal Misc. Petition No.693/2008] decided on 25.06.2008. 5. Per contra learned Public Prosecutor opposed the contentions of the learned counsel for the petitioner. 6. I have perused both the judgments cited by the learned counsel for the petitioner ,in which it has been held that a major girl cannot be ordered to remain in Nari Niketan for unlimited period and in the present case the statement under section 164 Cr.P.C. shows that Smt. Sharda is of the age of 20 years and she is major. As per the judgment of the coordinate Bench , a major girl cannot be kept in the Nari Niketan for unlimited period. 7. As per the judgment of the coordinate Bench , a major girl cannot be kept in the Nari Niketan for unlimited period. 7. Accordingly, the order of the learned trial court cannot be sustained as it is per se illegal, perverse and improper. Accordingly, it is hereby set aside. The girl be set at liberty to go as per her wishes. However, police protection may be provided to her until she reaches her destination.Petition Allowed. *******