SURESH KUMAR SHARMA SON OF MURLIDHAR SHARMA vs STATE OF RAJASTHAN

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Raj) 19056

[2026:RJ-JP:22783-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

D.B. Habeas Corpus Petition No. 175/2026

Suresh Kumar Sharma Son Of Murlidhar Sharma, Aged About 52
Years, Resident Of Plot No. 130, Ganesh Nagar, 5-A, Nadi Ka
Phatak, Police Station Murlipura, Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Home Affairs, Secretariat, Jaipur.
2. The Additional Director General Of Police, Anti Human
Trafficking Unit, Jaipur (Raj.)
3. The Commissioner Of Police Of Police, Police
Commissionerate, M.I. Road, Jaipur.
4. The Deputy Commissioner Of Police, Jaipur City (West),
Jaipur.
5. SHO Police Station Murlipura, Jaipur City (West), Jaipur.
----Respondents

For Petitioner(s) : Mr. Vidhut Kumar Gupta,
Mr. Suresh Kumar Sharma
(petitioner, present in person),
Ms. Anju Sharma (mother of the
detenue, present in person)
For Respondent(s) : Mr. Rajesh Choudhary, GA-Cum-AAG,
Mr. Aman Agrawal, AAAG,
Mr. Vinod Sharma,
Mr. Amit Punia, Addl.GA.,
Mr. Sudesh Saini, Addl.GA.,
Mr. Virendra Kureel, CI/SHO, PS
Murlipura, Jaipur (West),
Ms. Mamta, Lady Constable 4535

HON'BLE MR. JUSTICE MANEESH SHARMA (V.J.)
HON'BLE MR. JUSTICE ANAND SHARMA (V.J.)

01/06/2026

Order

1. The instant matter was taken up on an oral mentioning before this Court. With the consent of learned counsel for both the parties, the present petition has been taken up for hearing today itself as the corpus has been produced before this court in compliance with the order dated 22.05.2026 passed by this Court.

2. Brief facts giving rise to the instant habeas corpus petition are that the instant petition has been filed by the petitioner alleging that his minor daughter, had been missing since 18.05.2026, pursuant to which he lodged an FIR bearing No.209/2026 at Police Station, Murlipura, Jaipur City (West). It has been contended that despite the same, the police have failed to trace out his minor daughter, therefore, the present habeas corpus petition has been filed.

3. That vide order dated 22.05.2026, this Court had issued directions to the learned counsel for the respondent for ensuring the production of the corpus or for submission of a status report in this behalf.

4. Pursuant to the directions issued vide order dated 22.05.2026 passed by this Court, the concerned SHO has produced the corpus, a minor girl, before this Court.

5. In order to consider the wishes of the corpus, we have interacted with the corpus, who is a minor girl, yet aged about 17 years and 10 months, she is mature enough to take decisions of her own; and out of her own consent and free will, she has expressed her willingness to go with her parents i.e. Shri Suresh Kumar Sharma (Father) and Smt. Anju Sharma (Mother), who are present before this Court.

6. In such view of the matter, the concerned SHO is directed to handover the custody of the corpus to the petitioner, who is the father of the corpus.

7. While directing to hand over the custody of the corpus, we hope and trust that the corpus, a minor girl, shall not be subjected to any physical or mental abuse at her residence in any manner, and a congenial atmosphere shall be provided to her, to recoup from the panic, prevailing in her mind.

8. In view of the above, after production of the corpus and handing over of her custody to the petitioner-Father, nothing survives for adjudication in the instant petition.

9. Accordingly, the present habeas corpus petition stands disposed of in the aforesaid manner.

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