ARIHANT KUMAR BHATI S/O SHRI SADARANG SINGH BHATI v. STATE OF RAJASTHAN
HC/291/2025 · 2025-09-01
Bhuwan Goyal, Inderjeet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27220 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27220 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:35075-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Habeas Corpus Writ Petition No. 291/2025 Arihant Kumar Bhati S/o Shri Sadarang Singh Bhati, Aged About 38 Years, R/o E-56, Paladi Meena, Jda Colony, Jamdoli, Luniyawas, Jaipur. ----Petitioner Versus
1. State Of Rajasthan, Through Home Secretary, Secretariat, Jaipur (Rajasthan)
2. Director General Of Police, Rajasthan, Jaipur
3. Additional Director General Of Police, Anti Human Trafficking Unit, Jaipur (Rajasthan)
4. Deputy Commissioner Of Police, Jaipur City (East)
5. S.h.o. Police Station Jamdoli, Jaipur City (East)
6. Satish Alias Babbu S/o Shri Sameer, R/o Bhati Mines, Sanjay Colony, Mehroli, Delhi.
7. Vinod Son Of Basheer, R/o Bhati Mines, Sanjay Colony, Mehroli, Delhi. ----Respondents For Petitioner(s) : Mr. Sudhir Jain For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG Mr. Manoj Kumar, Sub Inspector with Mr. Vishram Meena, Head Constable & Ms. Urmila, Mahila Female Constable, Police Station Jamdoli, Jaipur City (East) HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL
Order 01/09/2025
1. This habeas corpus petition has been filed by the petitioner with regard to illegal detention of his wife and three children.
[2025:RJ-JP:35075-DB] (2 of 2) [HC-291/2025]
2. Today the concerned Police Officers have produced the corpus along with her three children before this Court. The corpus is a 28 years old lady.
3. We have interacted with the corpus. She has firmly stated before us that she is not in any illegal detention by anyone. She further stated before this Court that she does not want to go and live with petitioner (her husband). She wants to live independently as per her own free will.
4.
Learned counsel for the petitioner submits that at least the custody of the children be handed over to the petitioner (their father).
5. Keeping in view the facts and circumstances of the present case and considering the statement made by the corpus before us that she is a major lady and is not in any illegal detention by anyone and also considering the fact that all the three children are below 7 years of age and they are living with their mother, no case is made out for interference by this Court under Article 226 of the Constitution of India for allowing this habeas corpus petition.
6. In that view of the matter, this habeas corpus petition stands dismissed. The corpus is at liberty to go and live as per her own free will.
7. However, the petitioner is at liberty to avail alternative remedy available to him under the law.
(BHUWAN GOYAL),J (INDERJEET SINGH),J Sudeepak/1-C