HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Habeas Corpus Petition No. 433/2025

Basram Gurjar S/o Shri Ghasi Lal Gurjar, Aged About 25 Years,

R/o Village Beechi, Jaipur, Rajasthan.

----Petitioner

Versus

1. State of Rajasthan, through the Secretary, Department of

Home, Govt. of Rajasthan, Secretariat, Jaipur.

2. The Director General of Police, Police Head Quarter,

Lalkothi, Jaipur (Raj.)

3. The Additional Director General of Police, Anti Human

Trafficking Unit, Jaipur (Raj.)

4. The Commissioner of Police, Police Commissionerate,

Govt. Hostel, M.I. Road, Jaipur.

5. The Sho, Police Station Muhana, District Jaipur.

6. Babulal S/o Unknown, R/o Khatiko Ka Mohalla, Beechi,

Jaipur, Rajasthan.

7. Dara Singh Gurjar, S/o Ratan Gurjar

8. Pradhan Gurjar S/o Ratan Gurjar, Respondent No. 7 And 8

Are Residing At Plot No. 9, Devraj Nagar 3rd, Madrampura

Byepass, Sanganer, Jaipur.

----Respondents

For Petitioner(s) : Mr. Suresh Gurjar

For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG

Mr. Devi Sahay, SI, P.S. Muhana,

Distt. Jaipur

HON'BLE MR. JUSTICE SUDESH BANSAL HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

15/12/2025

1. Instant petition under Article 226 of the Constitution of India has been preferred by the petitioner for issuance of a writ of

Habeas Corpus, to produce detenue, who is stated to be his wife and in illegal detention of her parents.

2. Today, detenue has been produced by the Police Authorities before this Court.

3. Learned Public Prosecutor pointed out that detenue is a major girl. Initially on behalf of her parents, one Missing Person Report (MPR) was made at Police Station, Madhorajpura, District Jaipur Rural, which was registered as MPR No. 7/2025 on 13.08.2025. Later on, detenue herself lodged one FIR No. 72/2025 on 20.08.2025 at Police Station Madhorajpura, District Jaipur Rural, levelling allegations of kidnapping and rape against the petitioner. During investigation in this FIR, statements of detenue, a major girl of 18 years and 3 months, were recorded under Section 183 of BNSS, 2023 on 22.08.2025 before the concerned Judicial Magistrate. In her statements, detenue deposed and disclosed that she entered into marriage with petitioner, but, later on, she came to know that petitioner is already married and expressed her desire to live with her parents. 4. It has been pointed out that investigation in FIR No. 72/2025 so also in MPR No. 7/2025 has been completed and in view of statements of detenue Negative Final Report has been submitted.

5. Counsel for petitioner submits that detenue has been illegally detained by her parents and her parents are forcing her to marry with an another person against her wish, hence, this petition for issuance of writ of Habeas Corpus has been filed to ensure the procurement of detenue, from illegal custody of her parents and to handover her custody to the petitioner. Counsel for petitioner also made a verbal prayer to get record the statements of detenue before the Registrar (Judicial) of this High Court.

6. We have thoughtfully pondered over and considered the arguments advanced by the counsel for petitioner as also the submissions made by the learned Public Prosecutor and gone through the record available before this Court.

7. Undisputedly, detenue is a major girl. Her statements have already been recorded before the Judicial Magistrate under Section 183 of BNSS, 2023, in connection with FIR No. 72/2025, registered by her. In the statements of detenue, recorded under Section 183 of the BNSS, she expressed her desire to live with her parents. Presently, the detenue has been produced before this Court from the custody of parents. In such circumstances, the custody of detenue with her natural parents cannot be considered as an illegal custody, more so when detenue is staying with her parents by her own wish. The statements of detenue, a major girl, has already been recorded before the Judicial Magistrate, which have not been controverted by her, hence, the prayer of counsel for petitioner to get record her statemen