MAMTA DEVI YADAV WIFE OF SHRI KARAN SINGH YADAV v. THE SUPERINTENDENT OF POLICE
HC/168/2025 · 2025-07-02
Avneesh Jhingan, Bhuwan Goyal
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 19786 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19786 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:24283-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Habeas Corpus Petition No.168/2025 Mamta Devi Yadav Wife Of Shri Karan Singh Yadav, Aged About 43 Years, R/o Village Khohri, Tehsil Behror, Present District Kotputali-Behror (Raj.) ----Petitioner Versus
1. The Superintendent Of Police, Kotputali-Behror (Raj.)
2. Station House Officer, P.S. Sadar Behror, District Kotputali-Behror (Raj.)
3. Rohit Yadav Son Of Rakesh Yadav, R/o House No. 3039, Katala Bazar, Mohalla Teliwada, Rewari (Haryana)
4. The Additional Director General Of Police, Anti Human Trafficking Unit, Jaipur. ----Respondents For Petitioner(s) : Mr.J.P. Sharma, Adv. & Mr.Raj Kumar Tongawat, Adv. For Respondent(s) : Mr.Amit Punia, Additional Government Advocate. Mr.Sube Singh, SHO and Ms.Sushma Yadav, MFC, 468, Police Station Sadar, Behror.
HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL
Order 02/07/2025
1. This petition in the nature of Habeas Corpus is filed by the petitioner-mother for production of minor-daughter (hereinafter referred to as ‘detenue’).
2. Today the detenue has been produced in the Court as identified by Mr.Sube Singh, SHO, Police Station Sadar Behror and mother, who is present in Court.
[2025:RJ-JP:24283-DB] (2 of 3) [HC-168/2025]
3. Learned Additional Government Advocate submits that as per the hospital record delivery of the petitioner had taken place in the year 2005.
4. We have interacted with the detenue, who states that her date of birth is ‘22.09.2005’ and claims herself to be major. The detenue further states that she does not want to go with her mother.
5. The order of Child Welfare Committee is annexed with the petition. The Child Welfare Committee, Alwar relying upon the school record held the detenue to be minor.
6. Keeping in mind the facts and circumstances of the case, we deem it proper to direct that the concerned corpus be kept in Rajkiya Balika Grah, Jaipur. In the meantime, the matter be put before the Child Welfare Committee, Alwar for determining the age of detenue. In case, detenue is found to be minor, she shall be kept in Rajkiya Balika Grah, Jaipur till she attains the age of majority. In case, the Child Welfare Committee concludes that the detenue is major, she shall be released from the Rajkiya Balika Grah, Jaipur after following due process of law. The Superintendent /In-charge/ Caretaker, Rajkiya Balika Grah, Jaipur is directed not to permit anyone else to meet the detenue other than her parents. The parents of the corpus are at liberty to meet the detenue as per Rules in the Rajkiya Balika Grah Jaipur.
7. In view of the above, the Habeas Corpus petition stands
disposed of accordingly.
8. A copy of this order be provided to the learned Additional Advocate General and a copy be also sent to the Superintendent
[2025:RJ-JP:24283-DB] (3 of 3) [HC-168/2025] /In-charge/ Caretaker of Rajkiya Balika Grah, Jaipur for necessary compliance.
(BHUWAN GOYAL), J (AVNEESH JHINGAN), J Himanshu Soni/49