SONI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This habeas corpus petition is filed by the petitioner alleging therein that her grand-daughter is missing since 19/7/2022 and she has apprehension that respondent No.4 might have kidnapped her. It is also averred in the petition that earlier also, the corpus eloped with the respondent No.4 and in relation to that, the petitioner lodged a report with the Police, wherein her grand-daughter was traced out and produced before the Child Welfare Committee and, thereafter, she was sent to the Juvenile Home (Female), Jodhpur and after two months, on the request of the corpus, her custody was handed over to the petitioner.

(2.) Learned counsel for the petitioner has submitted that on 6/9/2022, again the respondent No.4 had kidnapped petitioner's grand-daughter and she was in his illegal confinement. It is further submitted that in relation to that, an FIR No.240/2022 was lodged at Police Station Sadar Pali, District Pali on 10/10/2022, however, the police is not making sincere efforts to trace out the corpus. It is specifically averred in the petition that the petitioner's grand-daughter is minor and there is apprehension that she may be trafficked somewhere and may be forced to enter into illegal activities.

(3.) Pursuant to the directions given by this Court, the corpus was produced before us on 2/1/2023. On that day, we have interacted with the corpus and she has stated that she eloped with the respondent No.4 as per her own free will, however, now she wants to go with the petitioner or her parents. On that day, the father of the corpus was present in person before this Court, however, he refused to take her custody and this Court ordered to lodge the corpus in Balika Grah, Jodhpur.