RAM CHARAN KHANDELWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is a father and he has filed this habeas cor-pus petition for releasing his daughter Kumari Usha Khandelwal from the Rajys Mahila Sadan, Jaipur,

(2.) BRIEFLY recalled the material facts are, that Usha Khandelwal, daughter of the petitioner was living with him in Bhilwara. On 2 9 89 Usha came ont of the house and did not return thereafter. The petitioner made inquiries and learnt that when Usha came out of the house, she was abducted by Pradeep Kumar, Sheru- Jamilluddeen and Murari Agrawal. They took her forcibly on a scooter. It is further, stated that the petitioner went to Police Station, Kotwali (Bhilwara) on the same day and lodged a written report of the incident The police registered a case and proceeded with the investigation On 6 9 89 Usha appeared at Police Station Kotwali, Bhilwara and las taken into custody She was produced before the Judicial Magistrate, Bhilwara on 7. 9. 89. Learned Magistrate passed an order Annexure 1 and sent Usha to Rajya Mahila Sadan Jaipur. She was thereafter brought to Jaipur and is now living in Rajya Manila Sadan, Jaipur under the orders of the Judicial Magistrate Her statement under Sec. 164 Cr. P. C was recorded on 22. 9. 1989.

(3.) ON 4. 1. 1990, an affidavit of Usha Khandelwal, was received by the court through the Superintendent, Rajya Manila Sadan, Jaipur. This affidavit is dated 2. 1; 1990. In her this affidavit, Usha stated that she had earlier given the statement in this court on 18. 10. 89 on account of centiments and emotions and that she wants to live with her parents.