[2023/RJJP/001828]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Habeas Corpus Petition No. 32/2023

Pooja Chaudhary Daughter Of Sanwar Mal Wife Of Shri Dinesh

Nitharwal, Resident Of Ganeshpura, Bobas, Jaipur Rajasthan,

IInd Address- Plot No. 148, Vaishali Vihar, Hathoj, Sirsi Road,

Jaipur, Police Station Kardhani, Jaipur.

----Petitioner

Versus

1.

State Of Rajasthan, Through Home Secretary, Secretariat,

Jaipur.

2.

Director General Of Police, Rajasthan, Jaipur.

3.

Commissioner Of Police, Jaipur Metropolitan, Jaipur.

4.

Additional Director General Of Police, Anti Human

Trafficking Unit, Jaipur.

5.

Station House Officer, Police Station Nahargarh, Jaipur

(Raj.).

6.

Assistant Director, Rajya Mahila Sadan, Samajik Nyay And

Adhikarita Vibhag, Shikarpura Road, Ramsinghpura,

Pratap Nagar, Sanganer, Jaipur (Raj.).

7.

Ratan Singh Shekhawat Son Of Not Known, Resident Of

Rajputana Khana Upar, Bhonawas, Jaipur (Raj.) 303106.

8.

Sangeeta Shekhawat Wife Of Shri Ratan Singh, Resident

Of Rajputana Khana Upar, Bhaunawas, Jaipur, Rajasthan-

303106.

----Respondents

For Petitioner(s)

:

Mr. Kunal Sharma

For State

For Respondent(s)

:

:

Mr. Rajendra Yadav, GA-cum-AAG

assisted by Mr. N.S. Gurjar, Assistant

Govt. Adv.

Ms. Manasui Marashi

Mr. Devendra Kumar, C.I. S.H.O.

Police Station Nahargadh, Jaipur with

Ms. Suman Sharma, F.C.-12921,

present in person

HON'BLE MR. JUSTICE PANKAJ BHANDARI

HON'BLE MR. JUSTICE BHUWAN GOYAL

[2023/RJJP/001828]

(2 of 3)

[HC-32/2023]

Order

06/02/2023

1.

Petitioner-Pooja Chaudhary has preferred this habeas corpus

petition seeking production of the corpus who is stated to be her

friend.

2.

It is alleged in the petition that corpus is being detained

illegally by her parents who want to forcefully marry her.

3.

Corpus has been produced in the Court by Mr. Devendra

Kumar, C.I., S.H.O. Police Station Nahargadh, Jaipur & Ms. Suman

Sharma, F.C.-12921.

4.

We have interacted with the corpus and ascertained her

wish.

5.

Corpus is a major who has stated before the Court that she

does not wish to go with respondent Nos.7 and 8, i.e. parents of

the corpus and she is under threat that she would be forcefully

married. She has also stated that she has been residing in Rajya

Mahila Sadan, Samajik Nyay & Adhikarita Vibhag, Ramsinghpura,

Pratap Nagar, Sanganer, Jaipur, for last more than four months.

6.

Learned State Counsel has submitted a report prepared by

S.H.O. Police Station Nahargadh Road, Jaipur, as per which also,

the corpus has refused to go with her parents & her relatives and

on her request, she was deposited in the aforementioned Mahila

Sadan. Now, corpus has clearly expressed before the Court that

she wants to go with the petitioner-Pooja Chaudhary, friend of the

corpus.

7.

In view of the wish expressed by the corpus who is a major,

we deem it proper to allow the present habeas corpus petition.

8.

The present Habeas Corpus Petition is accordingly, allowed.

[2023/RJJP/001828]

(3 of 3)

[HC-32/2023]

9.

Since, corpus has expressed her wish to go with the

petitioner-Pooja Chaudhary, who is friend of the corpus, the Police

Officials of the Police Station Nahargadh, Jaipur, present in person

before the Court, are directed to safely escort the corpus to the

place of her choice.

10.

Copy of this order be provided to the learned Government

Advocate-cum-Additional Advocate General today itself for

necessary compliance.

(BHUWAN GOYAL),J

(PANKAJ BHANDARI),J

AMIT/C-1