1 D. B. CIVIL WRIT HABEAS CORPUS PETITION NO.6494/2008. OGAR RAM V. THE STATE OF RAJASTHAN & OTHERS. DATE: 02/09/2008. HON'BLE MR. JUSTICE PRAKASH TATIA HON'BLE MR. JUSTICE C. M. TOTLA Mr.Bharat Devasi, for Petition. Mr. V.R.Mehta, for Respondents-State. Heard learned counsel for the petitioner. The petitioner was directed to place on record a copy of the FIR which was lodged against him by the respondent No.5, in view of the fact that ground mentioned in the writ petition itself, the corpus was married wife of respondent No.5 and respondent No.5 already lodged the FIR against the petitioner. The statement of the corpus was recorded under Section 161, Cr.P.C., and uncertified copy of which has been placed on record by the petitioner in pursuance of the directions of this Court on 28th August, 2008. It appears from the statement of the corpus Smt. Kamla that she was married to respondent No.5 and she was living with him, because of the peculiar reasons, she along with their cattles, left for the Malwa (M.P.), where she came in contact with the petitioner and after living for some time, at Malwa (M.P.) with her husband where the petitioner was also living, the corpus went with the petitioner and travelled to various places then reached to Ratlam (M.P.). Thereafter, the corpus came in contact with some members of the Banjara community and developed intimacy with the members of those community. It appears from the statement of the corpus that the petitioner left that place leaving behind the corpus at Ratlam (M.P.). Then, corpus received one telephone after six days from the petitioner that Police is searching him and corpus. The corpus came from Malva to Pali. The corpus stated that by her free-will, she lived with the petitioner and now, she is willing to live with her 2 mother. In view of the above reasons, it appears that the corpus is living and moving freely and has not been detained by anybody. In the FIR, lodged against the petitioner, FR was submitted by the police and that was accepted by the Judicial Magistrate, Sumerpur District – Pali vide order dated 26th August, 2008. In view of the above order, we do not find any reason to issue the writ. Hence, the writ petition of the petitioner has no merit and hence it is dismissed. (C. M. TOTLA), J. (PRAKASH TATIA), J. scd