VIKKI @ VIKRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this petition a writ in the nature of Habeas Corpus is claimed by Shri Vikki @ Vikram son of Shri Badri Narayan, resident of Nagori Gate, Kalal Colony, Jodhpur to produce Ms. Harshita Parihar daughter of Shri Balveer Singh, resident of Ramsagar, Mata Ka Than, Mandore Road, Jodhpur before the Court.

(2.) AS per the averments contained in the petition, petitioner Shri Vikki @ Vikram entered into a wedlock with alleged detenue Ms. Harshita Parihar on 6.6.2013 at Arya Samaj Mandir, Bikaner. In the meantime an FIR was lodged at Police Station Mandore (FIR No.187/2013) alleging commission of offences punishable under Sections 363 and 366 Indian Penal Code against the petitioner. On 11.5.2013 the petitioner and Ms. Harshita Parihar appeared before the Station House Officer, Police Station Mandore, before whom the allegation of abduction was refuted by Ms. Harshita Parihar. She also stated about voluntarily leaving of her house with an object to marry with Shri Vikki @ Vikram. A statement as per provisions of Section 164 Cr.P.C. given by Ms. Harshita Parihar too was recorded by Additional Chief Judicial Magistrate No.4, Jodhpur wherein too she stated about the fact of marriage with the petitioner and also for leaving her parental house voluntarily. At a subsequent stage Ms. Harshita Parihar was taken by her parents to their residence. Alleging the same as illegal detention, this Habeas Corpus Petition is preferred.

(3.) MS . Harshita Parihar was again produced before the Court on 12.7.2013 and on that day marriage certificate was produced before the Court, however, the Court being not satisfied with the same, passed the following order:-