MAHENDRA KUMAR SAINI S/O SHRI BUDHRAM SAINI v. STATE OF RAJASTHAN
HC/203/2025 · 2025-07-29
Bhuwan Goyal, Inderjeet Singh
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 21794 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21794 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:28491-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Habeas Corpus Petition No. 203/2025 Mahendra Kumar Saini S/o Shri Budhram Saini, Aged About 32 Years, R/o Maliyo Ki Dhani, Tan Mandija Basai, Tehsil Bansur District Kotputli-Behror ----Petitioner Versus
1. State Of Rajasthan, Through Secretary, Home Department, Govt. Of Rajasthan, Secretariat, Jaipur
2. Additional Director General Of Police, Anti Human Trafficking Unit, Rajasthan, Jaipur
3. Superintendent Of Police, District Kotputli-Behror
4. S.h.o. Police Station- Bansur, District Kotputli-Behror
5. Rakesh Sharma S/o Chandmal Sharma, R/o Dheerpur, Harsaura, Tehsil Bansur District Kotputli-Behror ----Respondents For Petitioner(s) : Mr. Ved Prakash Saini For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Aman Kumar Mr. Surendra Malik, CI-SHO, P.S. -Bansur HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL
Order 29/07/2025
1. This habeas corpus petition has been filed by the petitioner (paternal uncle of the corpus) seeking custody of the corpus-his niece.
2. Today the concerned SHO has produced the corpus before us. As per the certificate of Board of Secondary Education, Rajasthan, the date of birth of the corpus is 16.08.2012, according to which, she is minor girl, aged about 13 years and this fact has
[2025:RJ-JP:28491-DB] (2 of 2) [HC-203/2025] not been disputed either by counsel for the petitioner or by learned Government Advocate-cum-Additional Advocate General.
3. We have interacted with the corpus, who firmly states before this Court that she does not want to go with the petitioner.
4. Considering the facts and circumstances of the case as also the fact that the corpus is minor girl, we deem it proper to direct the concerned police officer, who is present today in the Court to admit the corpus in Rajkiya Balika Gruh, Gandhi Nagar, Jaipur. Corpus will remain in Rajkiya Balika Gruh, Gandhi Nagar Jaipur till she attains the age of majority. However, if during the intervening period, the corpus wishes to go with the her parents, she may be sent with them after necessary verification. Superintendent /In- charge/ Caretaker, Rajkiya Balika Gruh, Gandhi Nagar, Jaipur, is
directed not to permit anyone else to meet the corpus other than her parents.
5. In that view of the matter, the habeas corpus petition stands
disposed of. The parents of the corpus are at liberty to meet the corpus as per Rules in the Rajkiya Balika Gruh Gandhi Nagar, Jaipur.
6. A copy of this order be provided to the learned Government Advocate-cum-Additional Advocate General and a copy be also sent to the Superintendent /In-charge/ Caretaker of Rajkiya Balika Gruh, Gandhi Nagar, Jaipur, for necessary compliance.
(BHUWAN GOYAL),J (INDERJEET SINGH),J PAYAL DHAWAN /7