MAHENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant review petition has been preferred by the writ petitioner Shri Mahendra Kumar seeking review of the order dtd. 6/4/2022 passed by this Court rejecting the habeas corpus petition (No.76/2022) preferred by the petitioner with a prayer to direct production of the alleged corpus Mst. 'K, his minor daughter in this Court.

(2.) The instant review petition has been filed with an averment that this Court wrongly noted in the order dtd. 6/4/2022, that the corpus was major. The petitioner has asserted on the strength of a birth certificate filed along with the review petition that as a matter of fact, the corpus was born on 9/6/2004 and thus, she is minor as on date.

(3.) We have heard and considered the submissions advanced by the petitioner's counsel. It may be stated here that while filing the Missing Person Report (No.17/2022), the petitioner himself mentioned that the age of his daughter was 19 years. Even in the pleadings of the habeas corpus petition, the petitioner clearly mentioned that his daughter was 19 years of age. Learned AAG filed reply to the habeas corpus petition annexing therewith the Secondary School marksheet of the corpus wherein the date of birth of the girl has been recorded as 21/8/2002. Even at para 2 of the review petition, the petitioner has mentioned that the date of birth of the corpus is 9/4/2004 and thus, with reference to the said date, the girl has crossed the age of 18 as on date.