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KAILASH CHANDRA JOSHI, PRAKASH TATIA
Mohan Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Ashok Chhangani, Advocate.
For the Respondent: Mr. BK Mehar, Public Prosecutor.
For the Respondent:Mr. HM Saraswat, Advocate.

ORDER

This Habeas Corpus petition has peculiar facts. though the similar facts may be in several cases, yet we would like term it as a peculiar fact case because of the reason that both the learned counsel are aware that even if any order for the custody of the corpus will be passed by this court it can survive only for only 9 days yet instead of setting out the matter amicably, wants court’s order. This type of controversy may be due to changing social set up and can be said to be a bye-product of the so called development ignoring the welfare of the children.

2. The petitioner-the father of the corpus girl) has filed this habeas corpus petition alleging that the respondent No. 7 with the connivance of this father-respondent No. 6 Kidnapped the Corpus, who alleged to be of the age of more than 17 yeas and as per the annex. 1 produced by the petitioner himself the age of the girl is 18 years as on 1.1.2011 and as per the second document produced subsequently as Annex.3.- the age certificate obtained from the competent authority of the Ahmedabad Municipal Corporation, she would attend the age of 18 years on 1.2.2011. The petitioner in petition itself has stated that the corpus’s enga

















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