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In The High Court of Judicature for Rajasthan

Jaipur Bench, Jaipur

O R D E R

D.B. Habeas Corpus Petition No.236/2013

Vijendra Tak Vs. State of Raj & Ors.

Date : 27.11.2013

Hon'ble Mr. Justice Ajay Rastogi

Hon'ble Mr.Justice J.K. Ranka

Mr. Azad Ahmed, for petitioner.

Ms. Alka Bhatnagar, Addl. Govt. Adv.

]

Mr. R.B. Sharma (Ganthola)

]

Mr. Idris Mugal

] for respondents.

Initially notices were issued by this Court of the present

habeas corpus petition on 14.11.2013 as it was alleged that his

legally wedded wife and their marriage is registered with the

marriage registering authority has been illegally abducted by

respondent-5 who happens to be the brother of the detenue and

this Court at the same time directed the authorities to get

statement of the detenue recorded u/S 164 Cr.P.C. before the

learned Magistrate. It has been brought to the notice of this

Court that two days prior to issuance of notice by this Court,

statement of the detenue was recorded u/S 164 Cr.P.C. on

12.11.2013 wherein it was specifically stated by her that she is

presently residing along with her mother & wants to stay with her

mother.

After reply came to be filed & the statement recorded of

the detenue u/S 164 Cr.P.C. was placed on record, the matter

came up before the Court on the last date of hearing on

25.11.2013, counsel for petitioner after seeking instructions

submitted that her statement recorded u/S 164 Cr.P.C. as per

information of his client was under duress and request was made

that the detenue be once called before the Court and after

taking note of her statement & wishes which she would made

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before the Court the matter may be proceeded further. After

going through the reply & the statement of the detenue recorded

u/S 164 Cr.P.C. in particular, in the ordinary course there was no

occasion left for the Court to ask the detenue to appear before

the Court but on the safer side & taking note of the request made

by counsel for petitioner and as the detenue was residing with her

mother, this Court considered it appropriate & requested

respondent's counsel to ask the detenue to appear before this

Court on the next date of hearing.

The detenue has appeared today and even before this Court

she made a statement that she wants to reside & continue to stay

with her mother. The detenue being major, it is always open to

take her own decision and at least this Court can observe that she

is not under any illegal confinement or abducted by either of the

person to whom it has been alleged in the instant petition.

The respondents have filed affidavit, that may be taken on

record.

The petitioner has also appeared in person and counsel

appearing on his behalf submits that however registered

certificate of their marriage is on record but in view of the

statement made by the detenue before the Court, he has

instructions not to press the present petition any further.

Consequently, the habeas corpus petition stands dismissed

as not pressed. However, it is made clear that what is being

observed by us is only in respect of disposal of instant habeas

corpus petition.

(J.K. Ranka),J. (Ajay Rastogi),J.

VS Shekhawat/-PA/p.2

236hcp13Nov27FnlDps(S94).sxw

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Certificate - All corrections have been

incorporated in the judgment/order being

emailed/Vijay Singh Shekhawat/PAJW