Rajasthan High Court – Jaipur
Mamta Devi Yadav Wife Of Shri Karan Singh … vs The Superintendent Of Police … on 2 July, 2025
Author: Bhuwan Goyal
Bench: Bhuwan Goyal
[2025:RJ-JP:24283-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Habeas Corpus Petition No.168/2025
Mamta Devi Yadav Wife Of Shri Karan Singh Yadav, Aged About
43 Years, R/o Village Khohri, Tehsil Behror, Present District
Kotputali-Behror (Raj.)
----Petitioner
Versus
1. The Superintendent Of Police, Kotputali-Behror (Raj.)
2. Station House Officer, P.S. Sadar Behror, District
Kotputali-Behror (Raj.)
3. Rohit Yadav Son Of Rakesh Yadav, R/o House No. 3039,
Katala Bazar, Mohalla Teliwada, Rewari (Haryana)
4. The Additional Director General Of Police, Anti Human
Trafficking Unit, Jaipur.
----Respondents
For Petitioner(s) : Mr.J.P. Sharma, Adv. & Mr.Raj Kumar
Tongawat, Adv.
For Respondent(s) : Mr.Amit Punia, Additional Government
Advocate.
Mr.Sube Singh, SHO and Ms.Sushma
Yadav, MFC, 468, Police Station
Sadar, Behror.
HON’BLE MR. JUSTICE AVNEESH JHINGAN
HON’BLE MR. JUSTICE BHUWAN GOYAL
Order
02/07/2025
1. This petition in the nature of Habeas Corpus is filed by the
petitioner-mother for production of minor-daughter (hereinafter
referred to as ‘detenue’).
2. Today the detenue has been produced in the Court as
identified by Mr.Sube Singh, SHO, Police Station Sadar Behror and
mother, who is present in Court.
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3. Learned Additional Government Advocate submits that as per
the hospital record delivery of the petitioner had taken place in the
year 2005.
4. We have interacted with the detenue, who states that her
date of birth is ‘22.09.2005’ and claims herself to be major. The
detenue further states that she does not want to go with her
mother.
5. The order of Child Welfare Committee is annexed with the
petition. The Child Welfare Committee, Alwar relying upon the
school record held the detenue to be minor.
6. Keeping in mind the facts and circumstances of the case, we
deem it proper to direct that the concerned corpus be kept in
Rajkiya Balika Grah, Jaipur. In the meantime, the matter be put
before the Child Welfare Committee, Alwar for determining the
age of detenue. In case, detenue is found to be minor, she shall be
kept in Rajkiya Balika Grah, Jaipur till she attains the age of
majority. In case, the Child Welfare Committee concludes that the
detenue is major, she shall be released from the Rajkiya Balika
Grah, Jaipur after following due process of law. The
Superintendent /In-charge/ Caretaker, Rajkiya Balika Grah, Jaipur
is directed not to permit anyone else to meet the detenue other
than her parents. The parents of the corpus are at liberty to meet
the detenue as per Rules in the Rajkiya Balika Grah Jaipur.
7. In view of the above, the Habeas Corpus petition stands
disposed of accordingly.
8. A copy of this order be provided to the learned Additional
Advocate General and a copy be also sent to the Superintendent
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/In-charge/ Caretaker of Rajkiya Balika Grah, Jaipur for necessary
compliance.
(BHUWAN GOYAL), J (AVNEESH JHINGAN), J
Himanshu Soni/49
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