1997 Supreme(Raj) 1490
AMARESH KUMAR SINGH
Manju – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. - Heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the papers which have been received from the Court of learned Additional Chief Judicial Magistrate, Nimbahera.
2. By this petition under section 482 Cr.P.C. the petitioner has prayed that the impugned order dated 28.6.1997 passed by the learned Additional Chief Judicial Magistrate, Nimbahera be quashed as it amounts to abuse of the process of the Court and the petitioner should be set at liberty so that she may be free to go where she likes under the protection of the police.
3. The main contention of the learned counsel for the petitioner is that the petitioner is a major woman and she can look after her interest very well and therefore, there is no reason why her liberty should be curtailed by keeping her in the custody of her father or brother or any other person or authority.
4. The facts so far they are relevant for the disposal of this petition may be summarised below.
5. It appears that Shri Ram Lal filed a complaint in the Court of Additional Chief Judicial Magistrate, Nimbahera on 1.8.1996 against Amba Lal and Champa Lal alleging the commission of offence under section 366
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