KISHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant habeas corpus petition has been filed by one Kishan Lal for production of corpus i.e. his daughter Mst.Nirmala. It is averred that Mst.Nirmala was kidnapped by the 3rd respondent Rohit Parihar on 8th July, 2005. The petitioner filed a F.I.R. in that regard which was registered as F.I.R.Case No.150/2005 for offence under Section 366 I.P.C. at Police Station, Dabok. During investigation, police recorded statement of Mst.Nirmala. She disclosed her date of birth as 2nd October, 1981. It was also stated that she has undertaken Course of ANM (Nurse). She made a complaint against her parents that they wanted to forcibly arrange her marriage in the State of U.P. Therefore, she left the house on her own. She also stated that she was staying with one lady closely known to her namely Kanchan. She denied allegation of kidnapping by Rohit Parihar.

(2.) An application was filed before the court of Chief Judicial Magistrate, Udaipur for recording her statement under Section 164 Cr.P.C. The said application was rejected by order dated 21st July, 2005. The police after investigation submitted final report, which was accepted by the order of the Additional Chief Judicial Magistrate, Mawli dated 7.10.2005. Mst.Nirmala expressed her desire to stay with Smt.Kanchan. Thus, she was allowed to move as per her own choice.

(3.) Pursuant to the directions of this Court, Mst.Nirmala appeared before us on 23rd May, 2006. We interrogated her in Chamber. She was not prepared to disclose information on material points. We found that she was under pressure. We considered it appropriate to give her time for reflection.