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2017 DIGILAW 2829 (RAJ)

Devendra, S/o Shree Mulchand v. State of Rajasthan

2017-12-20

AJAY RASTOGI, KAILASH CHANDRA SHARMA

body2017
ORDER : 1. The petitioner is claiming himself to be the husband of the detenue Riya. According to the pleadings of petition, their marriage was solemnized in the year 2007 and from this wedlock a male child was born and on one fine morning, she left her matrimonial home for her personal work but did not return back on 09.10.2017 for which an MPR No. 22/2017 was registered (Annex.1) and since she was not traceable and the police authorities were also not responding to the request of the petitioner, he approached this court by filing of the writ petition. 2. Notices were issued by this court on 23.11.2017 and in compliance thereof, reply has been filed and the corpus also has been produced before the court today. 3. The case diary reveals that after the detenue was recovered, her statement was recorded before the court of SDM, Kekri u/Sec.164 Cr.P.C on 16.12.2017 but immediately thereafter she moved application dt.16.12.2017 addressed to the SHO, Police Station, Kekri where she has alleged to go with her husband, it was expected from the Investigating Officer to produce the detenue back to the concerned authority. On the application being moved, which was the only procedure prescribed by law, to be acted upon by the SHO but in the given facts & circumstances and taking assistance from his seniors, he handed over her custody to her husband, the petitioner herein. 4. The detenue is produced before the court and further submit that the petitioner is her husband and she wants to go with him without any reservation. Her brother-Harish is also present in court and he too has no objection if the detenue is willing to go with her husband. 5. We are not examining the matter on merits for the reason that the detenue's wish is of utmost importance and as regards the Missing Persons Report is concerned, although the detenue has been recovered but still it is open for the Investigating Officer to take its decision in accordance with law. 6. Counsel for the petitioner after taking note of the wishes of the detenue, which has been taken note of by us too, does not want to press the instant habeas corpus petition. 7. Consequently, the instant habeas corpus petition is dismissed as not pressed, with the observations made supra.