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PRAMOD KUMAR PRADHAN versus STATE & ORS.

High Court of Rajasthan

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PRAMOD KUMAR PRADHAN v STATE & ORS. - CW Case No. 1080 of 2007 [2007] RD-RJ 1236 (8 March 2007)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

ORDER

Pramod Kumar Pradhan Vs. State of Rajasthan & Ors.

D.B. HABEAS CORPUS WRIT PETITION NO.1080/2007

Writ Petition under Article 226 of the Constitution of India. 8st March, 2007.

DATE OF ORDER ::

PRESENT

HON'BLE MR.JUSTICE S. P. PATHAK

HON'BLE MR.JUSTICE G. S. SARRAF

Mr. K.S.Gill, for petitioner.

Mr. S.K. Vyas, G.A.

Mrs. Pramila Acharya, assisting lawyer.

BY THE COURT (PER HON'BLE PATHAK,J):

By filing the present habeas corpus petition, the petitioner has prayed for production of the corpus in the

Court.

Corpus Miss Suman has been produced in the

Court at 10:30 AM by Jagga Ram Bhadu, C.I., Sadar Thana,

Barmer. She was relegated to our Chambers in the company of assisting lady Advocate Mrs. Pramila Acharya and she remained in the Chambers for nearly two hours.

The petitioner's counsel was called but he insisted adjournment of the case to which we declined. Thereafter, we talked to the girl and she was asked to write down her statement.

It is stated by corpus in her statement which is reduced in writing by her in her own hand writing in our presence that she does not want to live or marry with the petitioner.

The corpus has specifically stated that she wants to go in the company of her parents from this place. She has also stated that she is major and quite competent to take decisions and she is also well aware of her welfare.

The advocate of the petitioner shown her some letters written by the corpus as alleged but the corpus has refused to even see those letters and in very straightforward words stated that she is not ready and willing to even have a glance over the letters shown to her. On the contrary, she is desirous to go with her parents as she has already been harassed too much and suffered a lot of agony.

After having considered the statement given by the corpus and after having been satisfied ourselves that she has made her statement without there being any influence or pressure on her, direct that as per desire of the corpus, her custody be handed over to her parents. Since the corpus has stated that she does not want to go in police custody to Barmer and she wants to go in the company of her parents, she being major is permitted to go in the company of her parents.

The learned counsel for the petitioner at this stage submitted that since the corpus has refused to take any cognizance of the letters, therefore, he wants to return the letters to the corpus which have been returned.

In the facts and circumstances, we deem it proper that a reasonable cost should be levied on the petitioner as the corpus has been produced in the Court and she has been harassed. We deem it proper to levy a cost of Rs. 2,000/- on petitioner Pramod Kumar Pradhan and direct to deposit the amount today itself in the Legal Aid

Fund with the Rajasthan State Service Authority and to deposit the receipt thereof in the Court.

In the above circumstances, no cause remains to be determined in this petition. The petition stands disposed of accordingly.

(G.S. SARRAF)J. (SATYA PRAKASH PATHAK)J. /gandhi


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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