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Jagdish Singh Jat v. State Of Rajasthan

Jagdish Singh Jat v. State Of Rajasthan

(High Court Of Rajasthan, Jaipur Bench)

Civil Writ Petition (Habeas Corpus) No. 196 of 2015 | 27-10-2015

Ajay Rastogi, J.Instant petition has been filed by the petitioner claiming himself to be husband of the detenue Vinod. According to the petitioner their marriage was solemnised in the year 1993 and they have a daughter out of their wedlock who is of 15 years of age at present, however, his complaint is that his legally wedded wife, who is 20 years younger to him, has been illegally abducted by respondent no. 6 who is not a stranger to the family and it is alleged that he was frequently coming to their house and known to the family members including the detenue as well. Initially the petitioner lodged M.P.R. No. 20/2015 at Police Station Kotwali, Sikar on 26.9.2015, however, in the present petition the petitioner has made allegation against respondent no. 6.

2. From the narration of facts which has come on record, this court can certainly draw a prima facie inference that it is not a case of illegal abduction, rather it appears to be a case of elopement, for which this court cannot take cognizance in a habeas corpus petition, however, that certainly will not leave the petitioner remediless and he is at liberty to file an application u/sec. 97-98 of the Code of Criminal Procedure, if so advised.

3. In view of what has been observed, this petition stands dismissed with liberty prayed for.

Advocate List
  • For Petitioner : O.P. Dhand, Advocate, for the Petitioner
Bench
  • HON'BLE JUSTICE AJAY RASTOGI
  • HON'BLE JUSTICE J.K. RANKA, JJ.
Eq Citations
  • 2016 (2) CDR 778 (RAJ)
  • LQ/RajHC/2015/3085
Head Note

Constitution of India — Art. 226 — Habeas corpus — Enquiry into allegations of illegal abduction — Prima facie inference that it is not a case of illegal abduction, rather it appears to be a case of elopement — Liberty to file application under Ss. 97-98 CrPC, granted