GUDDI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This habeas corpus petition has been filed by the petitioner with the prayer that direction be issued to the non-petitioners to produce the detenu, i.e. the daughter of the petitioner before this court as she has been illegally detained by respondents No. 5 and 6.

(2.) According to the petitioner, while she is living in Hindaun City with her family, the respondents No. 5 and 6 are also living there on rent. On 12.12.2010, when the petitioner had returned from a temple she did not find her daughter Mamta at the residence. Her niece Hema informed that Vishvendra and Pushpendra , respondents No. 5 and 6, respectively, had taken away Mamta at about 12 O'clock and since then she has not come back. The petitioner is said to have tried her best to search her daughter but could not succeed. Subsequently, a report is said to have been lodged before the police but no action was taken. Deputy Superintendent of police Hindaun City was also given a complaint by the petitioner on 27.1.2011 with regard to kidnapping of her daughter by respondents No. 5 and 6 but no steps were taken on the same. The complaint is also said to have been given to the Superintendent of Police, District Karauli with regard to the said subject matter but no action have been taken. The petitioner had once again submitted the complaint to the Dy. S.P. On 1.2.2011.

(3.) It is also the case of the petitioner that later on, in the night of 31.1.2011, the fathers of the respondents No. 5 and 6 had come to her residence and gave threatening and asked to withdraw the cases lodged by her. Thereafter, the petitioner is said to have submitted a complaint u/s 156(3) Cr.P.C in the court of Additional Chief Judicial Magistrate, Hindaun City in respect of incident which had occurred subsequently, in the night of 31.1.2011.