KALYAN Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) This habeas corpus petition was filed by Kalyan father of Kum. Santosh (minor), on the ground that his daughter aged about 13 years was allegedly kidnapped by the respondents No. 5 to 7 on 25.2.2001 when he had gone to attend the marriage ceremony in the village Mirampura. In the absence of him, on the same day at about 10.00 PM Jakir Hussain enticed the petitioner's minor daughter and took her away out of the lawful guardianship of the petitioner. The petitioner lodged a report on 25.2.2001 itself with Police Station Narena on the basis of which on FIR was registered as No. 41/2001 for offence under section 363 IPC, and the investigation was commenced. Failing to get the minor daughter, the petitioner filed the said petition in this court on 7.4.2001 which after hearing, is being finally disposed of by this order.

(2.) On 9.4.2001, we directed the learned Dy. G.A. to accept notices and then to file reply within one week. The Additional S.P/Dy. S.R Jaipur (Rural) and SHO, Police Station Narena were directed to remain present on the date of hearing alongwith the report. The matter has come up today. The abovesaid officers of the police are present in person today. The learned Dy. G.A. states that Kumari Santosh has been recovered by the investigating police and we have also perused the reply filed on behalf of the respondents No. 1 to 4. It has been stated by the respondents that soon after lodging of FIR, efforts were made to recover Kumari Santosh and also to arrest the accused Jakir Hussain. In this connection, statements of different witnesses were recorded and the family members of accused Jakir Hussain were also interrogated. Search was made to various places including nearby villages-Ajmer, Sursura, Malpura, Tonk, Suri, Sali, Jaipur and other places in the State. Photos of Kumari Santosh and Jakir Hussain were telecasted on Jaipur Door Darshan and Delhi as well. In this connection, the news were published in Rajasthan Patrika, Dainik Bhaskar, Dainik Navjyoti etc. stating that the matter is being investigated by the police. Pursuant to the directions of the court, all efforts were made to recover Kum. Santosh (minor). Today, at the time of hearing, Kumari Santosh has been produced before the court. Her father Kalyan has conveyed his willingness to take back his daughter

(3.) It is accordingly directed that Kum. Santosh be handed over to Kalyan (father of Kum. Santosh) who has excised his readyness and willingness to take back his minor daughter.