D.B. HABEAS CORPUS PETITION No. 3948/2008 (Brij lal Vs. State & Ors.) Date : 07.08.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. CHAND MAL TOTLA, J. Mr. S.L. Jain for the petitioner. Mr. V.R. Mehta, P.P. - - - - - The corpus Meena Sharma has been brought by Shri Nevil Clark, Circle Officer, Churu and Smt. Rupa Devi, Lady constable, P.S. Sardarshahar. As per the facts stated in this petition filed by father of corpus Shri Brij lal Sharma, his daughter was doing internship at Bhanwar Lal Duggad Ayurvedic College, Sardarshahar. The corpus left Sriganganagar on 12.01.2008 but she did not reach at the destination i.e. said Ayurvedic college at Sardarshahar. Petitioner made inquiries and found that corpus is taken away by respondent no.5 Dr. Laxmikant Purohit and further came to know that respondent no.5 took the corpus with false promise to marry her. According to the petitioner, he lodged First Information report but he could not get any relief. Then the petitioner submitted a written report on 09.06.08 at Police station Sardarshahar, District Churu but the police registered a case of 'missing person' only. Alongwith the reply, State has submitted a photo copy of the 'Missing person' report wherein, date of birth of corpus has been shown as 25 years. Her photograph is also affixed on the 'missing person' report. The corpus appears to be of age of understanding and as per 'missing person' report also her age is 25 years. Admittedly, she was a student of medicine in January, 2008 and was doing her internship at Bhanwar lal Duggad Ayurvedic College, Sardarshahar. Since she has been brought by the police personnel in pursuance of order of this Court, learned counsel for the petitioner submitted that the coropus since is coming from a place where the petitioner and petitioner's family members had no access to the petitioner, therefore, the corpus may be sent to 'Nari Niketan' for a few days with the permission that corpus mother, father and family members may meet her, so that she may show her free will and take decision about her next step. We have interrogated the corpus in open court. After interrogation, we are of the view that the corpus is not a minor child or of a age where she need some isolation to take her decision. The corpus stated that before entering into this Court, she already talked with her mother and father. The corpus is presently serving in a hospital at village Radawas of Tehsil Marwar Junction of District Pali. She is having the qualification of B.A.M.S. (Bachelor in Ayurvedic Medicine & Surgery). Earlier, she was in service at one hospital in the State of Haryana. She left Haryana on 31.10.07 and thereafter, she remained with her parent upto 12.01.2008. She left her parents on 12.01.08 and is now doing job at Viillage Radawas, Tehsil Marwar Jn. Accoding to corpus, in the hospital, there are other doctors posted and there are about 20 patients coming in OPD. She also admitted that respondent No.5 came in contact with corpus while she was in service at Haryana and he has also come to the same hospital at vililage Radawas, Tehsil Marwar Junction of District Pali. The corpus stated that she has no apprehension from any body and she wants to move freely. She stated that she will live independently and will have relationship with her parents also. In view of the fact that corpus is educated and has shown that she can understand her welfare as well as that she is residing in a inhabited village and doing her job in a hospital where general public is coming, we do not find any reason to send the corpus to 'Nari Niketan'. Looking to the totality of the facts, since the corpus states that she is independent and not detained by anybody and she wants to live independently, we are of the view that no direction can be passed in the present Habeas Corpus petition. The Habeas Corpus petition is therefore dismissed. The corpus will be free to move from here to a place of her choice. (C. M. TOTLA), J. (PRAKASH TATIA), J. bjsh