SATYA NARAYAN Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) These two writ petitions have been directed to be tagged by order dt.06.01.2011 passed in D.B. Civil Writ Petition (Habeas Corpus) No. 97/2011 because of the reason that Habeas Corpus Petition No. 97/2011 has been filed by father of the girl Mst Meera, alleging that her daughter has been illegally detained by respondent No. 4 Rakesh Kumar Whereas Rakesh Kumar and said Mst Meera preferred Writ Petition No. 10872/2010, alleging that they had already contracted marriage and Mst Meera is adult and since that family members of Mst Meera are not happy with their marriage, therefore, they have lodged a false criminal case against Rakesh Kumar and the Police is harassing petitioners Rakesh Kumar and Mst Meera of Writ Petition No. 10872/2010. Since the issues involved are connected and can not be decided in isolation, therefore, both the petitions are heard together.

(2.) In Habeas Corpus Petition No. 97/2011, it has been alleged that Mst Meera born on 03.08.1996 and in support of her age, certificates obtained from two school have been produced as Annxs. 1 and 2. It is submitted that said Mst Meera has been kidnapped by the respondent No. 4 Rakesh Kumar and an application has been submitted to the SHO, Police Station Nohar on 10.11.2010, complaining about missing of Mst Meera, by father of Mst Meera. He also submitted an application for changing the Investigating Officer because no serious efforts have been made by the Investigating Officer for searching Mst Meera. It is alleged that the petitioner came to know that her daughter has been taken away by respondent No. 4 Rakesh Kumar and Ravi S/o Subhash with the help of some woman and some other persons. The investigating Officer, Rakesh Kumar and Ravi are residents of same village-Taja Patti and therefore, no efforts are made for tracing out daughter of the petitioner. The petitioner also submitted an application before the Deputy Superintendent of Police, Nohar but no serious action was taken.

(3.) It will be relevant to mention here that in the writ petition filed by father of the girl - Satya Narayan (No. 97/2011) itself, it is submitted by the girl's father that Rakesh Kumar has already filed a writ petition before the High Court seeking their protection, obviously from the Police Officers in view of the complaint filed by girl's father Satya Narayan. The Petitioner-girl's father also submitted criminal complaint before the Chief Judicial Magistrate, Sriganganagar on 24.11.2010, complaining that the respondent Rakesh Kumar has performed marriage with petitioner's minor daughter, by fabricating forged documents. However, upon that complaint no order was passed except to put the matter on 07.01.2011, it has been alleged by the father of the girl that said marriage of Mst Meera is in violation of rule 12 (3) of the Juvenile Justice (Care & Protection of Children) Rules, 2007. With these averments, it has been praved that direction may be issued for producing the corpus in the Court and delivery may be given to the petitioner.