Smt. Lali Bai Pal vs The State Of Madhya Pradesh
2022 Latest Caselaw 12577 MP

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                               BEFORE
                  HON'BLE SHRI JUSTICE ROHIT ARYA
                                  &
             HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                        ON THE 20th OF SEPTEMBER, 2022

                   WRIT PETITION No. 21307 of 2022

        BETWEEN:-
        SMT. LALI BAI PAL W/O SHRI BHANOO PAL,
        AGED   ABOUT     38  YEARS, OCCUPATION:
        HOMEWORK R/O TIGHARA MARG SAIBA KI
        BAGIYA TANKI KE SAMNE GOL PAHADIYA
        GIRD (MADHYA PRADESH)

                                                               .....PETITIONER
        (BY SHRI ADITYA SINGH GHURAIYA-ADVOCATE )

        AND
1.      THE STATE OF MADHYA PRADESH PRINCIPAL
        SECRETARY HOME DEPARTMENT VALLABH
        BHAWAN, BHOPAL (MADHYA PRADESH)

2.      SUPERINTENDENT OF              POLICE   GWALIOR
        (MADHYA PRADESH)

3.      INCHARGE   POLICE  STATION JANAKGANJ,
        GWALIOR (MADHYA PRADESH)

4.      PAL SINGH @ NEERAJ JATAV S/O SURESH
        JATAV R/O TIGHRA ROAD, GOL PAHADIYA,
        GWALIOR (MADHYA PRADESH)

                                                     .....RESPONDENTS-STATE
        (BY SHRI M.P.S. RAGHUVANSHI-ADDITIONAL ADVOCATE
        GENERAL ON ADVANCE NOTICE )

      This petition coming on for orders this day, JUSTICE ROHIT ARYA
passed the following:
                                    ORDER

Petitioner; a mother is before this Court under Article 226 of the Constitution of India alleging that despite missing person report filed by her on

01/09/2022 in relation to her daughter since 30/08/2022, no action has been taken thereupon by the police authorities.

Learned counsel for the petitioner referring to the FIR submits that petitioner has suspicion that her daughter/corpus has been abducted by one Pal Singh @ Neeraj Jatav s/o Suresh Jatav- (respondent No.4 herein), however, there is no basis shown to presume suspicion against the said person.

Be that as it may.

For want of specific pleadings as regards illegal confinement of the corpus, we are of the view that the instant writ petition seeking writ of habeas corpus is not maintainable albeit the FIR so filed by the petitioner needs to be

investigated by the concerned police station to reach to a logical end. It is therefore, directed that the SHO, Police Station Janak Ganj, Gwalior shall ensure comprehensive investigation on the complaint filed vide annexures P/1 and P/2. Petitioner shall extend due assistance facilitating meaningful investigation.

If within four weeks, the alleged missing corpus Ms. Anjali Pal is not recovered, petitioner shall be at liberty to approach before the Judicial Magistrate having territorial jurisdiction under Section 156(3) Cr.P.C. for further investigation in the light of the judgment of the Hon'ble Supreme Court in the case of Sakiri Vasu Vs. State of Uttar Pradesh and Others (2008) 2 SCC

409. The concerned Magistrate shall be well advised to look into the investigation and ensure completion of investigation with the recovery of the missing corpus Ms. Anjali Pal expeditiously.

With the aforesaid direction, the writ petition stands disposed of.

                        (ROHIT ARYA)       (MILIND RAMESH PHADKE)
                           JUDGE                    JUDGE
                   vc




VARSHA
CHATURVEDI
2022.09.21
14:40:04 +05'30'