MALLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Public Prosecutor for the State.

(2.) The brief facts of the case are that complainant filed a complaint on 21.02.2011, which was sent for investigation under section 156 (3) Crimial P.C. where on FIR No. 88/2011 was registered and during the course of investigation the girl was recovered. The statement of the girl was recorded under section 164 Crimial P.C. wherein she specifically stated that she wants to reside with her husband and thereafter she preferred an application before the court below with the prayer that she may be permitted to go with her husband. The learned court below rejected the application and ordered to send her to Nari Niketan vide order dated 05.03.2011. The petitioner thereafter preferred an application before the court below to hand over his wife but the same was also dismissed by the court below vide order dated 30.03.2011. Being aggrieved by the aforesaid order , the petitioner has preferred this cri. Misc. petition.

(3.) The counsel for the applicant contended that the order of the learned trial court is per se perverse , illegal and against the provisions of law because a major girl cannot be ordered to be kept in the Nari Niketan for unlimited period and particularly in view of the statement recorded under section 164 Crimial P.C. The order of the learned trial court cannot be sustained and it requires to be set aside.