- (1.) THIS habeas corpus petition has been filed by the father Shri Kalyan Sahai S/o Shri Ramchandra Meena in respect of his daughter Meera Meena whose, as per the school record, the date of birth is 5.7.1995.
(2.) IT was alleged that she has been detained forcibly by respondents Chhotu @ Gautam Meena S/o Shri Bhagwana Sahai Meena, Siyaram Meena S/o Shri Raghunath Meena and Jagdish Meena S/o not known, all R/o village Dayarampura, Tehsil Sanganer, District Jaipur. It was alleged that she is a minor and was forcibly taken away by the respondents who have been named in the FIR which has been filed as Annexure 2 being FIR No.227/2011 registered at Police Station Sanganer Sadar. This habeas corpus petition was filed on 9.11.2011 alleging therein that the police has failed to carry out the investigation. Notices were issued by this court on 16.11.2011 and since then the respondents have been taking time to produce the detenu before this court. Today, Shri Rajenda Yadav appearing for the respondent State has brought to our notice that the detenu has filed a complaint u/s 12 of the Domestic Violence Act, 2005 being complaint No.98/2012 before the Additional Civil Judge-cum-Judicial Magistrate No.10, Jaipur Metro, Jaipur, Smt. Meera Meena W/o Shri Chhotu @ Gautam v/s Kalyan Sahai Meena and Ors. The aforesaid complaint was filed on 21.6.2012 against the petitioner Kalyan and his two sons Rajesh Kumar Meena and Suraj Kumar Meena and his wife Smt. Phooli. The learned Magistrate has already issued notices to the petitioner herein who is respondent in the aforesaid complaint and the date fixed in the same after service was 11.7.2012 on which date the petitioner Kalyan Sahai, the present petitioner, has appeared before the Magistrate but on account of the fact of the non-appearance of the counsels on the said date before the court, the case was adjourned to 9.8.2012. In the facts and circumstances, therefore, while disposing of this petition, we would direct that the complainant Meera Meena daughter of the present petitioner shall appear before the Magistrate who will determine the age of the detenu as to whether she is a minor or more than 18 years of age and thereafter proceed with the matter in accordance with law. With the aforesaid directions and in view of the fact that the detenu has appeared before the Magistrate and filed the complaint, we feel no necessity to pass any order for her production. The habeas corpus petition stands disposed of as directed above. The registry is directed to send a copy of this order to the ACJM-cum-JM No.10, Jaipur Metro, Jaipur. The I.O. shall also bring this order to the notice of the learned Magistrate before whom the complaint filed by Meera Meena against Kalyan, the present petitioner, is pending. ;