1 D. B. CIVIL WRIT HABEAS CORPUS PETITION NO.4448/2008. ABDUL RAB KAZI V. THE STATE OF RAJASTHAN & OTHERS. DATE : 26-08-2008 HON'BLE MR. JUSTICE PRAKASH TATIA HON'BLE MR. JUSTICE C. M. TOTLA Mr. V.N.Kalla, for Petitioner. Mr. V.R.Mehta, PP, for the State. Mr.Abdul Rab Kazi – petitioner, present in person. Ms. Nadira Bano – Corpus, along with her son Hanid Raja, present in person. Mr.Jagdish Prasad, S.I., Officer-in-Charge, Police Station, Sadar Kotwali, present in person. Ms. Santosh, Lady Constable, present in person. Mr.Hasnudin Khan – father of corpus, present in person. Petitioner Abkdul Rab Kazi, who is father-in-law of the corpus, has filed this habeas corpus petition with the allegations that his son's wife Nadira Bano, aged 22 years, with has grand- son – Hanid Raja, aged about 2-1/2 years, are missing. For that the petitioner lodged report on 20th June, 208, at Police Station, Kotwali, District – Jodhpur. The petitioner submitted that his son's wife left on 19th Junel, 2008, at 12.30 pm and started in the Taxi with her son for going to Siwana, at her father's house. However, she did not reach there. The petitioner made search at bus stand at Dale Khan Ki Chakki and then found that she went by Car Taxi. It is also stated that she contacted him at 3.30 pm and, thereafter, her mobile (No.9828924716) remained switch off. Her mobile number is given in the petition. It is stated that the petitioner came to know that the corpus went with respondent – Dinesh and she has been taken to Bombay from Siwana. The petitioner found that the respondent is also absconding and has also gone to Bombay with his son's wife and 2 grand-son. The petitioner approached the Superintendent of Police, City Jodhpur on 24th June, 2008 who asked the petitioner to wait for some time. According to the petitioner, he went with the police to Siwana in search of his daughter-in-law. However, the corpus were not found there, therefore, the petitioner submitted this habeas corpus petition. This Court looked into the record of the Investigating Officer and also perused the statement of Babulal which was recorded by the investigating agency and, thereafter, observed that more efforts are required to be made for searching the corpus as some facts appears to have been suppressed. Today, the corpus – Nadira Bano has put in appearance and she stated in Court that she came from Dungarpur from the residence of her step mother who is residing at Dungarpur. She also stated she came of her own free will and without help of anybody. She stated that on coming to Jodhpur, she informed her father about her arrival and as per the Investigating Officer, the father of the corpus informed on telephone to the poalice that the corpus is coming to Jodhpur. The courpus's father is also present in Court who is residing at Siwana of District Barmer. The petitioner himself is present. The petitioner has stated that his son whose wife and son are missing has gone to duty and, therefore, has not come to the Court. According to the petitioner, the corpus's husband did not come to the Court because he was not knowing that the corpus is coming to the Court today. The corpus stated that she is not happy with her husband and in-laws and, therefore, she left the place. Now, she wants to go to her father's place. It will be relevant to mention here that the real mother of the corpus is no more and, according to the corpus, she lived with her step mother during this period because of the reasons that she was not happy with her husband and in-laws. She also stated that whenever she 3 went to her father on earlier occasions, her father-in-law tried to pursued her father to send back the petitioner, so the corpus this time went to her step mother. From the proceedings in the Court, we are constrained to observe that true facts have not been disclosed by the petitioner and the corpus's father and also by the corpus. However, the corpus is a lady of age of about 21 years. She is married. Her husband has not moved the habeas corpus petition, whereas it is husband's father, i.e., her father-in-law who has moved this habeas corpus petition. The contention of the learned counsel for the petitioner is yet that the corpus went with respondent No.4 – Dinesh. The contention is of no effect, because of the reason that the corpus is a major and and it is not the allegation that the corpus was taken forcibly or was detained illegally by anybody. We hope that the matter will be settled and in this habeas corpus petition order which is required to passed is to set the corpus free. In view of the statement of the corpus that she has not been detained by anybody and her father stated that he will be keeping her, we do not find any reason to pass any order for custody of the corpus Nadira Bano and the child Hanid Raja who has already been brought in Court by the corpus without any order of his production. In view of the above reasons, the habeas corpus petition is dismissed, keeping in view the entire events and taking a lenient view, we are not imposing any cost upon the petitioner for filing this petition. The corpus is free to go the place of her choice. (C. M. TOTLA), J. (PRAKASH TATIA), J. scd.