LAWS(RAJ)-2023-2-35

KUNARAM Vs. STATE OF RAJASTHAN

Decided On February 22, 2023
Kunaram Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This petition in the nature of habeas corpus has been filed by the petitioner for production of his minor daughter, who was alleged to be in wrongful custody of respondent no.5.

(2.) Pursuant to the directions given by this Court, the respondents had produced the corpus before the Court on 16/2/2023, on which date, the corpus who is a minor, indicated that she was not willing to go with her parents and after interacting with the minor, the Court on possibility of the minor being in influence of respondent no.5, ordered that she may be taken back to Balika Grah, Jodhpur. The Court permitted the parents to meet her, in case, she agreed for the same.

(3.) Today, the alleged detenue has been produced from Balika Grah, Jodhpur. Learned GA indicated that her statements under Sec. 164 Cr.P.C. were recorded on 21/2/2023 before the Judicial Magistrate, Jaitaran, Pali, before whom, she has indicated that she has gone with Ganpat at her own will, who has not committed anything with her and she now wants to go with her parents.