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2021 DIGILAW 1702 (RAJ)

Yogendra Kumar v. State of Rajasthan

2021-09-13

GOVERDHAN BARDHAR, VIJAY BISHNOI

body2021
JUDGMENT 1. This habeas corpus petition has been filed by the petitioner alleging that her minor daughter aged 17 years and 9 months has been abducted by the respondent No.4 and at present she is in his illegal detention. 2. Pursuant to the direction given by this Court on 06.09.2021, the corpus was produced before this Court on 08.09.2021 and then we ascertained her wishes, upon which she has specifically stated that she does not want to go with her parents and wants to live with the respondent No.4 only. On that day, we felt that the corpus was not in a position to take independent decision, therefore, we directed the respondent-State to send the corpus to Bal Shishu Grah, Gandhi Nagar, Jaipur for the time being and fixed the matter for 13.09.2021. 3. Pursuant to the above direction, the corpus was lodged in Bal Shishu Grah, Gandhi Nagar, Jaipur where she was allowed to meet her parents and the same is ascertained by learned counsel for the petitioner. 4. Today, the corpus is produced before this Court and we have also ascertained her wishes, wherein she has specifically stated that she does not want to go with her parents and wants to go with the respondent No.4 only. She has also specifically stated that she is not under the pressure of anybody. 5. As per Certificate with Mark-Sheet of Secondary Supplementary Examination ? 2018 (Annexure-2) of the corpus, produced along with this writ petition, her date of birth is 10.09.2003 and as such she has completed her 18 years of age and now she is major. 6. In such circumstances, when the corpus is not in illegal detention of anybody and is major, we left with no other option except to dismiss this habeas corpus petition. 7. Hence, this habeas corpus petition is dismissed. However, the corpus is free to go to her place of choice and the police is instructed to facilitate her return to her place of choice.