D.B. CIVIIL WRIT HABEAS CORPUS PETITION No. 4369/2008 Date : 14.7.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. CHAND MAL TOTLA, J. Mr. Niranjan Singh for the petitioner. - - - - - According to the petitioner, corpus Sonika is his wife as they solemnized their marriage on 09.02.07. The detenu is a major girl of 20 years and daughter of respondent no.2 & 3. According to petitioner, the detenu has been illegally detained by respondent no.5 who according to petitioner, is claiming himself to be uncle of the detenu. As per facts mentioned in the petition itself, petition under Section 97 & 98 Cr.P.C. was submitted before the court of Additional District Magistrate (City), Bikaner wherein, the learned Executive Magistrate sent the matter for investigtion to concerned S.H.O. Sriganganagar. The S.H.O submitted his report and thereafter, the learned Executive Magistrate dropped the proceedings vide order dated 21.02.08 observing that detenu is residing with her family members by her own free will. The said order Additional District Magistrate (City) dated 21.02.08 has not been challenged and the petitioner has approached this Court by filing this Habeas Corpus petition. The matter has been examined by the Executive Magistrate under the provisions of Section 97 & 98 Cr.P.C. and that order has not been challenged. Therefore, the satisfaction recorded by learned Magistrate cannot be questioned in a petition under Article 226 of Constitution of India. Looking to the totality of facts and circumstances of the case and age of detenu, we do not find any material on record by which it can be gathered that it is a case of illegal detention. The petition is dismissed with liberty to petitioner to avail any other remedy, if available to him. (CHAND MAL TOTLA), J. (PRAKASH TATIA), J. bjsh