[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Smt. Suraji Vs. State of Rajasthan & Ors. D.B. HABEAS CORPUS WRIT PETITION NO.1069/2007 Writ Petition under Article 226 of the Constitution of India. DATE OF ORDER :: 16th March, 2007. PRESENT HON'BLE MR.JUSTICE S. P. PATHAK HON'BLE MR.JUSTICE D.N. THANVI Mr. B.K. Vyas for petitioner. Mr. S.K. Vyas, G.A. Mr. Abdul Qayyum and Mr. Vivek Shrimalee for respondent No.6. Ms. Yogita Mohnani, assisting lawyer. BY THE COURT (PER HON'BLE PATHAK,J): By this petition under Article 226 of the Constitution of India, petitioner Smt. Suraji Devi, who is mother of the corpus, has prayed that the respondents be directed to produce her daughter Simran before this Court. In pursuance to the orders of this Court, corpus Simran was produced in the Court on 13.03.2007 and the [2] Court, taking into consideration the entire facts of the case, thought it proper to send the corpus in Nari Niketan at Jodhpur so that she may have time for reflection. Today, after two days, the corpus has again been produced in the Court by the SHO, PS Sadar, Bikaner at 10:30 AM. The corpus was relegated to our chambers in the company of assisting lady advocate Ms. Yogita Mohnani and she has remained in the chambers for nearly two hours. The petitioner - mother of the corpus is present in the Court alongwith her family members and she has met with her daughter corpus Simran and has also talked with her. In the presence of the lawyers of both side, the corpus was asked about her desire as to where she wants to live. She was also asked about her age. She has replied that she is 22 years of age and wants to go with respondent No.6 Ayub. It shall be proper to mention here that in this case on lodging the First Information Report at Bikaner, the police registered a case and on the basis of the statement recorded under Sec.164 of the Cr.P.C. by a Magistrate, the police after investigation ultimately submitted a Final [3] Report. We have carefully gone through the police diary. We are fully satisfied that Corpus Simran is a major girl and she is not under any influence or fear. We asked her to reduce in her own handwriting her wish and desire. She, in her statement, has expressed her desire in very clear words and has stated that she wants to live with respondent No.6 Ayub. The corpus has even refused to go with her mother and has stated that she would like to go with Ayub. In view of above, taking into consideration the statement of the girl recorded under Sec.164 of the Cr.P.C. by the Magistrate and also the statement which has been reduced by the corpus in her own handwriting, we deem it proper to permit her to go to a place of her desire. The corpus has requested that she be left in police protection at her desired place, therefore we direct SHO Bhupendra Singh of Police Station Sadar, Bikaner, who has brought the corpus to this Court, to escort her in police protection upto her desired place. [4] Since there remains no cause to be determined in this petition, the petition stands disposed of accordingly. (D.N. THANVI)J. (SATYA PRAKASH PATHAK)J. /jpa