HABIB KHAN Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2013-10-55
HIGH COURT OF RAJASTHAN
Decided on October 28,2013

HABIB KHAN Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) THE daughter of the petitioner has been produced before us pursuant to the order dated 18.10.2013. We have conferred with her in camera and thereafter, in presence of all the concerned.
(2.) WHAT she has given out is : (i) that she does not want to go with her parents nor is ready even to talk to them; (ii) that she is lodged in Nari Niketan at Jodhpur but the condition of the said Nari Niketan is quite pathetic and she had not been able to eat properly or even to take a cup of tea properly for last 10 days since she has been lodged therein; (iii) that she may be ordered to be shifted to Seva Mandir at Udaipur where she was lodged earlier; (iv) that her medical examination for the purpose of age determination may be ordered; and (v) that having her recovered, one Police Officer Shri Narayan Singh rather misbehaved with her. As regards the above submission No. (i), we have permitted the parents, present in the Court, to talk to their daughter but she has made it clear that she does not want to go with the parents. 3. As regards the submission No. (ii) and (iii) above, the learned Additional Advocate General Mr. Anand Purohit submits that appropriate steps shall be taken up for improvement of the condition of the Nari Niketan at Jodhpur; and the concerned authorities shall be directed to immediately work on the same. Mr. Purohit further submits that having regard to the circumstances of the case, if the daughter of the petitioner is required to be continued in legal custody, the respondents shall have no objection in shifting her to Seva Mandir at Udaipur, where she was lodged earlier.
(3.) AS regards the submission No. (iv) regarding the prayer of the daughter of the petitioner for her medical examination, it is considered appropriate and hence directed that the Investigating Officer shall ensure that the medical examination of the daughter of the petitioner for the purpose of age determination is carried out. In this regard, Mr. Anant Kumar, Additional Superintendent of Police, Udaipur, who is dealing with this matter now, assures that the medical examination of the daughter of the petitioner for the purpose of age determination shall be requested and report shall be obtained from the RNT Medical College, Udaipur at the earliest.;


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