LOKESH KUMAR SAINI S/O PAPPU RAM SAINI v. STATE OF RAJASTHAN
HC/431/2025 · 2025-12-16
Bhuwan Goyal, Sudesh Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42816 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42816 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Habeas Corpus Petition No. 431/2025 Lokesh Kumar Saini S/o Pappu Ram Saini, Aged About 28 Years, R/o Gurhachandraji, Mistri Market, District Karauli (Rajasthan). ----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Department Of Home, Govt. Of Rajasthan, Secretariat, Jaipur. 2. The Director General Of Police, Police Head Quarter, Lalkothi, Jaipur (Raj.)
3. The Additional Director General Of Police, Anti Human Trafficking Unit, Jaipur (Raj.)
4. The Superintendent Of Police, Karauli. 5. The Sho, Police Station Nadoti, District Karauli. 6. Dinesh Prajapat S/o Panda Prajapat, Residing At Gurhachandraji, Mistri Market, District Karauli (Rajasthan). 7. Anita W/o Dinesh, Residing At Gurhachandraji, Mistri Market, District Karauli (Rajasthan). 8. Mahendra Prajapat S/o Kallu Prajapat, Residing At Gurhachandraji, Mistri Market, District Karauli (Rajasthan). 9. Magan S/o Kaduram, Residing At Gurhachandraji, Mistri Market, District Karauli (Rajasthan). ----Respondents For Petitioner(s) : Mr. Nirmal Kumar Nagar For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG Mr. Omendra Singh, C.I., Police Station Nadoti, District Karauli HON'BLE MR. JUSTICE SUDESH BANSAL HON'BLE MR. JUSTICE BHUWAN GOYAL Order
(2 of 3) [HC-431/2025] 16/12/2025
1. By means of filing instant petition for issuance of writ of habeas corpus, the petitioner has come up with a case that detenue is her wedded wife and was forcefully abducted/kidnapped by her brother and family members on
05.11.2025. The petitioner lodged an FIR No.351/2025 on 02.12.2025, which was registered for offences under sections 115(2), 126(2), 127(2), 137(2) and 87 of BNS, 2023. 2. The contention of counsel for the petitioner is that his wife, the detenue, is in illegal detention of private respondents, hence, she may be ordered to be produced before this court to handover her custody to the petitioner. 3. Learned Public Prosecutor having been assisted by Mr. Omendra Singh, C.I., Police Station Nadoti, District Karauli submitted a factual report dated 15.12.2025. The same is taken on record. He further contended that in the FIR lodged by the petitioner, statements of detenue were recorded under Section 183 BNSS, 2023 before the Judicial Magistrate on 11.12.2025. In her statements, she has denied her detention against her wish and refused to live with petitioner. 4.
Indisputably, counsel for the petitioner admits that detenue is a major lady of about 21 years and her date of birth has been stated to be 01.01.2004, hence in view of her statement recorded under Section 183 BNSS, 2023 before the Judicial Magistrate, counsel for petitioner does not press this petition for issuance of writ of habeas corpus and prays to take alternative and appropriate remedy for redressal of his grievances as available in law. (3 of 3) [HC-431/2025]
5. In view of above, without going into merits and demerits of the case, the instant petition is hereby dismissed as withdrawn with liberty to petitioner to avail alternative and appropriate remedy as available in law. (BHUWAN GOYAL),J (SUDESH BANSAL),J Gourav-Anu /7