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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Vijay Bishnoi, Manoj Kumar Vyas, JJ.
Bharat Lal - Appellant
Versus
State of Rajasthan & Ors. - Respondents
Habeas Corpus Petition No. 291 of 2021
Decided On : 24-09-2021
HABEAS CORPUS - CUSTODY OF MINOR - The court addressed a habeas corpus petition concerning a missing minor daughter. The court emphasized the importance of the police's duty to trace missing persons and the necessity of ensuring the minor's safety and well-being. The court's decision was influenced by the minor's expressed desire to return to her parents and the need for a thorough investigation into the circumstances of her disappearance.
Fact of the Case:
The petitioner filed a habeas corpus petition alleging that his minor daughter went missing on 09.09.2021, and despite filing a missing person report, the police were not making serious efforts to locate her.
Finding of the Court:
The police produced the minor before the court, where she stated that she was taken away under false pretenses and expressed her desire to return to her parents, confirming that her statement was made without pressure.
Issues: Whether the police made adequate efforts to locate the missing minor and the appropriate custody arrangement for the minor upon her recovery.
Ratio Decidendi: The court held that the police have a duty to diligently investigate missing person cases and ensure the safety of minors. The minor's willingness to return to her parents was a significant factor in the court's decision.
Result: The habeas corpus petition was disposed of, directing the police to hand over custody of the minor to her parents and to conduct a thorough investigation into the circumstances of her disappearance.
JUDGMENT
1. This Habeas Corpus Petition is filed by the petitioner alleging that his minor daughter is missing since 09.09.2021 and a missing person report in relation to the same has been filed by him at Police Station Pratapnagar, Jaipur City (East), however, the police is not making serious efforts to trace out his minor daughter.
2. This Court on 20.09.2021 has directed learned counsel for the petitioner to furnish copy of the Habeas Corpus Petition to the learned Addl. Government Counsel during the course of the day.
3. Today, the learned Public Prosecutor has produced the corpus before this Court through police. As per the investigation carried by police, the corpus is minor and we have interacted with her and she has stated that she somebody who took her away by making a false narration that her mother is calling her. The corpus has also stated that now, she wants to go with her parents. She has also stated that she is not making this statement under any pressure.
4. In view of the fact that the corpus has been traced out by the police and she is willing to go with her parents, this Habeas Corpus Petition is disposed of with a direction to the police to hand-over custody of the corpus to the petitioner and his wife, who are present today before this Court.
5. The police shall carry out the investigation in the FIR filed at the instance of the petitioner and record the statements of minor daughter of the petitioner at the earliest and also get conducted her medical test immediately to ascertain that whether she was subjected to any assault or not.
The court reaffirmed the principle that the welfare of the minor is paramount in custody matters, and the police must act diligently in tracing missing persons.
The main legal point established in the judgment is the court's authority to dispose of a Habeas Corpus Petition after the subject of the petition is located and brought before the court, and adequat....
The court's decision was based on the exhaustive efforts made by the police to trace the missing girl and the pending investigation of the FIR, leading to the disposal of the writ petition with speci....
The court emphasized the principle of Habeas Corpus and the importance of investigating the circumstances of a minor going missing.
The wishes of an individual who has reached the age of majority are paramount in determining the legality of their detention and residence.
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