HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Habeas Corpus Petition No. 38/2021

Mohammad Moshin S/o Mohammad Saleem, aged about 24

years, R/o Maliyon Ki Dhani, Ward No.1, Sikar, District Sikar

(Rajasthan).

----Petitioner

Versus

1.

State of Rajasthan through Principal Secretary, Home

Department, Secretariat, Jaipur.

2.

Inspector General of Police, Rajasthan, Jaipur.

3.

Superintendent of Police, Sikar (Rajasthan).

4.

5.

6.

7.

8.

9.

Station House Officer, Police Station Kotwari, District

Sikar.

Shri Saddik Mohammad Qureshi S/o Shri Suleman

Qurashi.

Smt. Kulsum Bano W/o Shri Saddik Mohammad Qureshi.

Shri Yaqub S/o Shri Suleman Qurashi

Smt. Sabnam Qureshi W/o Shri Yaqub

All R/o New Indira Colony, Piprali Road, Ward No.39, Near

Axa Masjid, Sikar, District Sikar (Rajasthan).

The Additional Director General of Police Anti Human

Trafficking, Jaipur.

----Respondents

For Petitioner(s)

:

Mr. Vijay Kumar Jangid, Advocate

with Mr. Sunil Kumar Sharma,

Advocate

For Respondent(s)

For Respondent Nos.

5 to 8

:

Mr. N.S. Gurjar, Public Prosecutor

Mr. Babulal Jat, Advocate

Ms. Bhagwani, FHC, Belt No.1110,

Police Station Uddyog Nagar, Sikar

HON'BLE MR. JUSTICE PRAKASH GUPTA

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

09/03/2021

Today alleged detenue Mst. I. has been produced

before us by the police authorities. Her signature has been

(2 of 2)

[HC-38/2021]

obtained on Court’s order sheet and she has been identified by the

police authorities who have produced her today before this Court.

Alleged detenue Mst. I., who has been produced before

this Court, states that her date of birth is 19.11.1998 and thus she

is major.

Detenue Mst. I. who is present in person expresses her

desire to go and reside with her parents.

Heard. Considered.

It is an admitted fact that alleged detenue Mst. I. is

major. Keeping in view the age of the alleged detenue Mst. I and

honouring her wishes to go and reside with her parents, it cannot

be said that the alleged detenue Mst. I is in illegal detention. The

alleged detenue Mst. I being major, is free to go wherever she

wants to go and reside as per her wish. She cannot be compelled

to go and reside with the petitioner, against her wishes.

For the aforesaid reasons, this habeas corpus petition is

liable to be dismissed, which stands dismissed accordingly. Rule is

discharged.

A copy of this order, under the seal and signature of the

Court Master, be handed over to the police authorities, who have

produced the alleged detenue Mst. I. before this Court.

(CHANDRA KUMAR SONGARA),J

(PRAKASH GUPTA),J

Ashish Kumar /1C