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2012 DIGILAW 2278 (RAJ)

Karan Kumar Laroiya v. State of Rajasthan

2012-12-10

NARENDRA KUMAR JAIN, R.S.CHAUHAN

body2012
JUDGMENT 1. - Heard learned counsel for the petitioner. 2. Petitioner has preferred this habeas corpus petition to issue a writ, order or direction to the respondents to trace out and produce the detenue, Nikita before this Court. 3. Submission of learned counsel for the petitioner is that the petitioner married with the detenue Nikita on 20th July, 2012. He has also produced a certificate issued by Arya Samaj, Hanumangarh Town. He, therefore, submitted that the petitioner, i.e., the husband, is legal guardian of the detenue Nikita, therefore, Respondents No. 4 to 6, who are parents and relatives of the detenue Nikita, have no right to detain her. 4. We have considered the submissions of learned counsel for the petitioner. 5. The certificate of marriage, placed on record, has been issued by Arya Samaj, Hanumangarh Town, whereas in Rajasthan, there are statutory rules for registration of marriage, but it appears that marriage of the petitioner with the detenue Nikita has not been registered and no registration certificate, issued by appropriate authority, has been placed on record. 6. That apart, it appears from the contents of the writ petition that father of the detenue is going to file a criminal complaint in the Court of Chief Judicial Magistrate, Sriganganagar. 7. After considering the submissions of learned counsel for the petitioner, we are of the view that Respondents No. 4 to 6 have been impleaded as party by name, therefore, it is clear that the petitioner is aware that in whose custody, the detenue is. In these circumstances, the petitioner has an alternative remedy by way of an application under Section 97/98 Cr.P.C. for getting search warrant issued in respect of the detenue. In these circumstances, we are not inclined to entertain this habeas corpus petition directly before this Court. 8. With the aforesaid observations, the habeas corpus petition is dismissed. 9. It is needless to mention that in case any application is filed by the petitioner before concerned Magistrate, then the same will be dealt with in accordance with law at the earliest.Petition Dismissed. *******