[2025:RJ-JP:9642-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Habeas Corpus Petition No. 49/2025 Vinit Tak Son Of Omprakash, Aged About 21 Years, Resident Of Gayatri Mandir Ke Pass Degana, District Nagaur (Raj.) (Presently Residing At A-105, Hari Marg, Jai Ambey Colony, Civil Lines, Jaipur) ----Petitioner Versus 1. State Of Rajasthan, Through Secretary, Department Of Home Affairs, Secretariat, Jaipur. 2. 2. The Additional Director General Of Police, Anti Human Trafficking Unit, Jaipur (Raj.) 3. The Superintendent Of Police, Nagaur, District Nagaur. 4. Sho Police Station Degana, District Nagaur. 5. Murad Khan Son Of Not Known, Resident Of Kayamkhani Nagar, Degana, District Nagaur (Raj.). 6. Nasim Bano Wife Of Murad Khan, Resident Of Kayamkhani Nagar, Degana, District Nagaur (Raj.). ----Respondents For Petitioner(s) : Mr. Anant Sharma with Mr. Manish Lawaniya. For Respondent(s) : Mr. Rajendra Choudhary, GA-cum- AAG assisted by Mr. Aman Kumar & Ms. Neha Goyal. Mr. Harish Sankhala, Police Inspector, SHO, Police Station Degana District Nagaur. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 05/03/2025 This habeas corpus petition has been filed by the petitioner with regard to illegal detention of detenue ‘K’. [2025:RJ-JP:9642-DB] (2 of 3) [HC-49/2025] Counsel appearing on behalf of the petitioner submits that the petitioner and detenue ‘K’ are in relationship and she has been kept forcefully at home by her parents. Learned GA-cum-AAG has opposed the habeas corpus petition and submits that earlier the petitioner has filed Criminal Writ Petition No.688 of 2024 (Vinit Omprakash Tak Vs. State of Maharashtra & anr.) before the High Court of Bombay at Nagpur Bench, Nagpur wherein on 26.09.2024 the following order was passed:- “1. Today, at 2.30 p.m., we have interacted with allegedly detained girl namely, Kusum Bano through Video Conferencing from the Court of Additional Chief Judicial Magistrate, Degana, District Nagaur, Rajasthan, in presence of concerned Additional Chief Judicial Magistrate Shri.Madan Balotiya. Prior to interaction, we instructed learned Magistrate that no one shall remain present in the concerned room, while interacting with the girl. On which, Shri. Madan Balotiya has stated that except the Court staff and the girl, no other family member is allowed to enter in the room. After ensuring the things, we have interacted with the girl Kusum Bano. While we were interacting with the girl Kusum Bano on the video conferencing, both the learned counsel as well as the petitioner was also present in the Court hall and watched the entire process. 2. She has categorically stated that she is staying with her parents and desires to continue to reside with them. She stated that she has not been pressurized by anybody, nor kept under confinement. 3. In view of above statement, nothing survives in habeas corpus petition as there is no illegal detention of girl. The petition carries no merits. Hence, the Writ Petition stands disposed of.” [2025:RJ-JP:9642-DB] (3 of 3) [HC-49/2025] Heard counsel for the parties and perused the material available on record. Considering the facts and circumstances of the present case and also considering the order dated 26.09.2024 passed by the High Court of Bombay at Nagpur Bench, Nagpur wherein the statement of girl was recorded and ‘she categorically stated that she is staying with her parents and desires to continue to reside with them’. In that view of the matter, we are of the considered view that the detention ‘K’ is not any illegal detention by anyone, therefore, this habeas corpus petition is not maintainable. Hence, the present habeas corpus petition stands dismissed. (PRAMIL KUMAR MATHUR),J (INDERJEET SINGH),J MG/27