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D.B. Habeas Corpus Petition No.6834/2007

Pukha Ram vs. State of Rajasthan & Ors.

D.B. Habeas Corpus Petition No.6834/2007

Pukha Ram vs. State of Rajasthan & Ors.

Date : 14.7.2008

HON'BLE MR. PRAKASH TATIA, J.

HON'BLE MR. CHAND MAL TOTLA, J.

Mr.Vineet Jain for Mr.Sandeep Mehta, for petitioner.

Mr.VR Mehta, PP.

Mr.Pukha Ram, petitioner present in person.

Mst. Chidi, corpus, present in person.

Mr.Bugh Lal, Dy.SP, Bilara a/w Mr.Mangi Lal, HC 7, PS,

Bilara.

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Heard learned counsel for the petitioner, learned

public prosecutor and Mst. Chidi, who was interrogated

by this Court and who has been brought in the Court on

11.7.2008 by Gopi Kishan, Sub Inspector, from Gujarat

specifically Rajkot.

It appears from the facts of the case that the

Kishore Ram, son of petitioner Pukha Ram, who is father

of corpus Mst. Chidi, submitted a complaint under

Section 97 Cr.P.C. before the S.D.M., Pipar City,

District Jodhpur upon which criminal case no.14/2007

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D.B. Habeas Corpus Petition No.6834/2007

Pukha Ram vs. State of Rajasthan & Ors.

was registered and a search warrant was issued by order

dated 26.5.2007. However, Mst. Chidi was not produced

in the said court. Failing in obtaining the custody of

said corpus Mst. Chidi in proceedings under Section 97

Cr.P.C., this habeas corpus petition has been filed by

the father of corpus which is under consideration.

According to the petitioner, father of corpus Mst.

Chidi, is of the age of 15 years and the petitioner, at

that time in the month of May, 2007, was working at

Village Jhhabra, District Jaisalmer and on 8.5.2007,

the respondents no.4 and 5 – Dina Ram and Chatura Ram,

came to the house where the corpus was there and they

told petitioner's son to send petitioner's daughter –

corpus Mst. Chidi with them because Mst. Chidi was

called by her father at Jaisalmer. Dina Ram is none

else than the husband of elder sister of corpus Mst.

Chidi. In view of this fact, there was no reason for

corpus's brother Kishore Ram to disbelieve and,

therefore, he send corpus with Dina Ram. After about 4-

5 days, when the petitioner contacted Kishore and asked

about corpus Mst. Chidi, then he was told that Dina Ram

took the corpus on 8.5.2007 by saying that she was

asked to bring Mst. Chidi to the petitioner at Village

Jhhabra. In these facts, the petitioner came to know

that the corpus has been removed by Dina Ram and

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D.B. Habeas Corpus Petition No.6834/2007

Pukha Ram vs. State of Rajasthan & Ors.

thereafter, enquiries were made and this petition under

Section 97 Cr.P.C. was submitted in the Court of

Executive Magistrate on 21.5.2007.

This Court issued notice to the respondents by

order dated 25.10.2007. On 11.7.2008, the corpus was

brought and the matter was taken and fixed for orders

for today i.e. on 14.7.2008.

On 11.7.2008, corpus Mst.Chidi stated that she is

living with Dina Ram since last three years and

presently, she is living at Rajkot and she was brought

from by the police Rajkot to Jodhpur. She had one male

child with her and she stated that the male baby is of

the age of one year and has the name as Manish.

Respondent Dina Ram also came with corpus Mst. Chidi

and the corpus also submitted that Dina Ram came with

her from Rajkot.

This Court directed on 11.7.2008 the petitioner to

remain present in court today as on 11.7.2008, case was

listed in supplementary cause list and the petitioner

was not present on that date.

The petitioner Pukha Ram, present in person,

stated that Dina Ram is his son-in-law married to elder

sister of corpus Mst. Chidi. He also stated that elder

sister of corpus was left at the house of her father-

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D.B. Habeas Corpus Petition No.6834/2007

Pukha Ram vs. State of Rajasthan & Ors.

in-law and mother-in-law – father and mother of Dina

Ram and Dina Ram took the corpus to Rajkot. On

interrogation, the petitioner stated that he has four

children. Eldest