RAMESH CHAND Vs. STATE (HOME DEPARTMENT) ORS

JUDGEMENT

(1.) The present petition has been filed by father of the detenue Arti with the grievance that they are residing in Alwar and his daughter Arti is till a minor and has not attained 18 years of age (age of majority) and she left home on 01.10.2017 to buy some grocery but when she did not return back to home, it revealed to the petitioner that she has been abducted by the respondent No.5 who took away the detenue with him, who as alleged and also reveals from the case diary is married and having two children from the wedlock.

(2.) Immediately after this fact came to his notice, FIR No.232/2017 was registered at his instance at Police Station Mahila Thana, Alwar on 01.10.2017 for offence u/Sec.363 IPC and Sec.16 & 17 of POCSO Act implicating respondent No.5 as one of the accused but when no action was taken by the police authority to his satisfaction and the detenue also was not recovered, no option was left with him but to approach this court by filing instant habeas corpus petition.

(3.) The corpus was recovered on 18.12.2017 and produced before the Child Welfare Committee, Alwar but since the matter is pending before this court, on the application being filed, the Investigating Officer took her custody and produced her before the court today.