{1} D.B. HABEAS CORPUS PET.115/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR O R D E R D.B. HABEAS CORPUS PETITION NO. 115/2010 KUMARI CHHAVI SHARMA Vs. STATE OF RAJ. & ORS. DATE OF ORDER: 16.09.2010 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN HON'BLE DR. JUSTICE MRS. MEENA V. GOMBER Shri Bhagwan Das Sharma, father of Kumari Chhavi Sharma along with his wife Smt. Hemlate Sharma are present in person. Shri Praven Kumar Jain, Deputy Superintendent of Police, Jhalawar along with Shri Radha Kishan Verma, Sub Inspector and lady constable Smt. Dharmendra Meena (FC 656) are present in person. **** Deputy Superintendent of Police, Jhalawar has produced Kumari Chhavi Sharma in the Court along with case diary of FIR No. 248/2010 registered at Police Station Kotwali, Jhalawar. It was alleged in the habeas corpus petition that on 01.06.2010 Kumari Chhavi Sharma, aged about 15 years, had gone to get zerox copies of some papers and she was abducted and till date she is missing. FIR No. 248/2010 was also registered but till date Kumari Chhavi Sharma has not been recovered by the police so far. {2} D.B. HABEAS CORPUS PET.115/2010 The habeas corpus petition was listed yesterday i.e. 15.09.2010 and it was informed by the Dy. Superintendent of Police that detenue has been recovered and at present she is in Nari Niketan as per order of the concerned Magistrate. We directed the Circle Officer to produce the detenue Kumari Chhavi Sharma before this Court today. From the perusal of case diary, it appears that detenue Kumari Chhavi Sharma was recovered by the police after issuance of notice of this petition by this Court on 25.08.2010 and she was produced before the Chief Judicial Magistrate, who vide its order daetd 14.09.2010 directed that she be kept in Nari Niketan Centre at Kota. Detenue Kumari Chhavi Sharma stated her date of birth to be 26.10.1994. Her certificate of date of birth has been filed along with the writ petition and the same is also available in the case diary. From the date of birth of Kumari Chhavi Sharma, it is clear that she is less than 16 years of age and is minor and Shri Bhagwan Das Sharma, natural father of Kumari Chhavi Sharma is entitled to custody of Kumari Chhavi Sharma. We do not find it justified to send Kumari Chhavi Sharma to Nari Niketan, as directed by {3} D.B. HABEAS CORPUS PET.115/2010 the Chief Judicial Magistrate, Jhalawar. In these circumstances, we direct the Deputy Superintendent of Police, Jhalawar to handover the custody of Kumari Chhavi Sharma to her parents, who are present in the Court and will also see that they reach at their house without any hindrance by anyone. With the above observations and directions, the habeas corpus writ petition stands disposed of. A copy of this order may be supplied to the Deputy Superintendent of Police, Jhalawar forthwith for compliance. (MEENA V. GOMBER),J. (NARENDRA KUMAR JAIN),J. /KKC/