- (1.) This habeas corpus petition has been filed by one Kamal Jangid, inter-alia, with prayer that respondent authorities be directed to produce his wife Smt. Shilpa Sharma, who has been illegally detained by respondents no.5 to 11, in the court and handover her custody to him.
(2.) It is contended that date of birth of Smt. Shilpa Sharma is 27.06.1998 and that of petitioner is 07.12.1993. Petitioner has also produced on record Adhar Card of Smt. Shilpa Sharma and his Voter I.D. Card. Father of Smt. Shilpa Sharma is reported to have died long ago. It is contended that she married the petitioner out of her free will at Arya Samaj, Ajmer, on 25.07.2016. Petitioner has also produced on record the marriage certificate. The private respondents are continuously harassing, torturing and humiliating the petitioner. They are threatening the petitioner and his wife Smt. Shilpa Sharma of dire consequences and also subjected them to beating. Petitioner, in this regard, also approached the police officials at Police Station, Kishangarh to extend them protection, but the police, rather than lodging report against private respondents, arrested him under Sections 107, 116(2) and 151 of the Code of Criminal Procedure and filed a complaint against him. Petitioner also made a representation to the Superintendent of Police, Ajmer, Deputy Superintendent of Police, Kishangarh, District Ajmer, and the Station House Officer, Police Station Kishangarh, District Ajmer, on 28.07.2016 requesting them to lodge a report against private respondents and to recover and handover his wife Smt. Shilpa Sharma to him. Petitioner apprehends that his life and liberty as also the life and liberty of his wife Smt. Shilpa Sharma are in danger. Therefore, it is submitted that the police be directed to recover Smt. Shilpa Sharma, wife of the petitioner, and handover her custody to him.
(3.) On the facts of the case, we are not persuaded to entertain this matter as a writ petition of habeas corpus. However, in our considered view, remedy of the petitioner lies in approaching the concerned Magistrate having jurisdiction of Police Station Kishangarh, District Ajmer, by filing an application under Section 98 of the Code of Criminal Procedure. Section 98 of the Cr.P.C. provides that upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years, for any unlawful purpose, a District Magistrate, Sub- divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.;