High CourtsDIVISION BENCH(2017) 12 RAJ CK 0054

Girdhari Lal Bavaria Son of Dunga Ram vs State of Rajasthan

Rajasthan High Court · Decided on 19 December 2017

HON’BLE JUDGES
Ajay Rastogi, Kailash Chandra Sharma
RESULT
Dismissed
CASE NUMBER
242 of 2017

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Judgment

3 paragraphs · 249 words
1.

The petitioner is claiming to be the husband of the alleged detenue Kamla Devi & he is facing trial for offence u/Sec.302 IPC before the Court of Sessions, District Jaipur (Rural). His complaint is that his wife has been illegally detained by the respondent No.6- Thakarmal Bavaria who is known to their family and also the petitioner in particular. It has also been stated by him that he remained in judicial custody for almost 34 months and presently he has been released from post-arrest bail & the respondent No.6 has detained his wife and 9 children (8 daughters & 1 son) alongwith 4 buffaloes, 1 horse (she), Motorcycle (Star TV), Rs.6.80 lacs cash, 2 K.G. Silver, 10 tola Gold, 1 Silver ornament of his wife, 5 tola gold jole and also other valuables. Immediately, when this fact came to his notice he contacted the respondent No.6 & persons of the society but still when no fruitful purpose was served he filed a complaint to the Police Station Govindgarh, District Jaipur & finally approached this Court by filing of the present habeas corpus petition.

2.

On perusal of the material on record, prima facie it is not a case of his wife being detained by the respondent No.6 and we are not inclined to proceed further in the instant habeas corpus petition. At the same time the petitioner is at liberty to avail remedy available/permissible under the law.

3.

In view of the above terms, the petition stands dismissed.