HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
D.B. Writ Misc Application No. 133 / 2017
Smt. Hawa Kanwar Wife of Shri Giriraj Daughter of Shri Jodhdam
Ji, Aged About 41 Years, Resident of 346, Mohan Nagar-B, Gali
No.9, Paota “B” Road, B.J.S. Colony, Jodhpur
1. State of Rajasthan Through Principal Secretary, Home
Department, Government of Rajasthan, Jaipur.
2. The Director General of Police, Rajasthan, Jaipur.
3. Commissioner of Police, Commissionerate, Jodhpur.
4. Station House Officer, Police Station Mahamandir, Jodhpur
5. Giriraj Singh S/o Inder Dan, Working As Assistant Agriculture
Officer, Nokha, Department of Agriculture, Nokha, District
For Petitioner(s) : Mr. Mukesh Rajpurohit
HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
The instant misc. application has been filed by the applicant-
petitioner for recalling the order dated 05.12.2016 passed by this
Court in D.B. Habeas Corpus Petition No.153/2016.
The learned counsel for the applicant-petitioner submits that
the observation made by this Court in the order dated 05.12.2016
that children are happy with the father and they do not want to go
with the petitioner-mother is creating trouble in availing remedy
under the Guardian and Wards Act, 1890 by the applicant-
(2 of 2)
petitioner, therefore, said observation may be recalled.
Heard the learned counsel for the applicant-petitioner and
perused the order dated 05.12.2016, passed by this Court.
In our opinion, whatsoever observation made in the order
dated 05.12.2016 were made after ascertaining the facts from the
parties, therefore any incident happened subsequently after
deciding the aforesaid habeas corpus petition on 05.12.2016 is
required to be considered as per the facts of the incident and not
upon the observations made in the order dated 05.12.2016.
In view of above facts, the instant misc. application is,
hereby, dismissed. However, it is made clear that any observation
made in the order dated 05.12.2016 will not come in the way of
the applicant-petitioner in any proceedings subsequently initiated
by the applicant-petitioner.
(MANOJ KUMAR GARG)J. (GOPAL KRISHAN VYAS)J.