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2025 Supreme(Online)(Raj) 15303

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
ARUN MONGA, FARJAND ALI
DASRATH SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
HC / 512 / 2025



HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Habeas Corpus Petition No. 512/2025

Dasrath Singh S/o Shri Jagdish Singh, Aged About 48 Years,

Resident Of Village Nimbada, Tehsil Rani, District Pali.

----Petitioner

Versus

1. State Of Rajasthan, Through Secretary, Department Of

Home Affairs, Government Of Rajasthan, Jaipur.

2. The Superintendent Of Police, Pali.

3. Station House Officer, Guda Endla District Pali.

4. Aryan, (Father Name And Address Not Known).

----Respondents

For Petitioner(s) : Mr. Hapu Ram Vishnoi

For Respondent(s) : Mr. Deepak Choudhay, AAG assisted

by Mr. Ravindra Singh

Mr. Achaldan CI, SHO, P.S. Guda

Andela, Pali

Mr. Pukhraj, ASI, P.S. Guda Andela,

Pali

Smt. Seema, MFC, P.S. Guda Andela,

Pali

Mr. Kamal Kishor, FC, P.S. Guda

Andela, Pali

HON'BLE MR. JUSTICE ARUN MONGA HON'BLE MR. JUSTICE FARJAND ALI

Order

15/12/2025

1. The petitioner, father of the alleged detenue, has invoked the

extraordinary jurisdiction of this Court by filing the present writ petition in the nature of habeas corpus, alleging that his daughter “A” (name withheld), who has been missing since 30.11.2025, is under illegal detention at the hands of private

respondent No. 4, and seeking her production before this Court.

2. Without traversing the extraneous and unnecessary averments made in the petition, it is sufficient to note that pursuant to the notice issued by this Court, the daughter of the petitioner has appeared before us of her own free will and without any pressure or external compulsion.

3. During the course of interaction with her, it has clearly emerged that she is a well-educated adult, fully competent to take independent decisions concerning her life. She has categorically stated that she is twenty-five years of age and that she left her parental home voluntarily, without any duress, coercion, or undue influence.

4. She has unequivocally denied being in illegal confinement, either at the hands of respondent No. 4 or any other person. She has further asserted her right to live her life in the manner of her own choosing, a right which is constitutionally guaranteed under the Constitution of India, and has submitted that no interference by this Court is thus warranted.

5. In view of the above interaction and the unequivocal stand taken by the alleged detenue, we are satisfied that the present petition has been filed on an erroneous assumption entertained by the petitioner-father that his daughter was under illegal detention. As no such detention is established or even alleged by the alleged detenue herself, no further proceedings are called for in exercise of habeas corpus jurisdiction.

6. The writ petition is accordingly disposed of. The daughter of the petitioner is at full liberty to live her life in the manner she deems fit, without any interference from any quarter.

(FARJAND ALI),J (ARUN MONGA),J

11-Samvedana/-

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