KHUMARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition for a writ of habeas corpus has been filed by the petitioner on the allegations about illegal detention of his daughter, allegedly minor in age. On 02.05.2012, the learned counsel for the petitioner was directed to supply the requisite sets of paper-book to the learned Government Counsel so as to enable him to complete his instructions.

(2.) THE learned Government Counsel Mr. B. K. Mehar, after completing his instructions, submits today that consequent to the investigation in FIR No.30/2012, Police Station Mahila Thana, Pali, the alleged detenue, the daughter of the petitioner, was produced before the Judicial Magistrate, Pali on 08.05.2012 when the learned Magistrate considered it proper to send her to Nari Niketan until receiving the medical report in relation to her age. It is further pointed out that after obtaining the medical report, the daughter of the petitioner was again produced before the learned Magistrate who, after noticing all the facts and circumstances in the order dated 09.05.2012, deduced that she was above 18 years of age and also found that she was categorically denying to go with her parents. THE copies of the said orders dated 08.05.2012 and 09.05.2012 have been placed before us for perusal. It is yet further pointed out that the daughter of the petitioner was again produced before the leaned Judicial Magistrate on 10.05.2012 when her statement was recorded under Section 164 Cr.P.C.; and a copy of the statement has also been placed before us for perusal.