High CourtsDivision Bench(2022) 09 RAJ CK 0051

Girdhari Lal Vatwani vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 19 September 2022

HON’BLE JUDGES
Sandeep Mehta, J · Manoj Kumar Garg, J
RESULT
Dismissed
CASE NUMBER
D.B. Writ Miscellaneous Application No. 259 Of 2022

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Judgment

4 paragraphs · 178 words

The petitioner has filed the instant interlocutory application seeking modification in the order dated 23.07.2021 raising an apprehension that the observations made in the aforesaid order passed by this Court while deciding the habeas corpus petition No.183/2021, preferred by the petitioner, might prejudice the outcome of the application No.52/2021 filed by Shri Farsomal S/o Late Shri Jethomal in the Family Court No.1, Jodhpur, for seeking an order of custody of the minor Mst. ‘H’.

We have given our thoughtful consideration to the submissions advanced by the petitioner’s counsel.

We find that the observations made in the order dated 23.07.2021 were in reference to the claim made by the petitioner that the child was illegally detained. After considering the entirety of facts, the Court found that there was nothing on record to show that the child was illegally confined. Hence, the writ petition was dismissed. None of the observations made in the order dated 23.07.2021 can be construed as prejudicing any other legal proceedings. The order dated 23.07.2021, does not warrant any modification.

Hence, the interlocutory application is rejected.