Madhya Pradesh High Court
Gajendra Singh Chandel vs The State Of Madhya Pradesh on 9 August, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
(1) WP NO.21850 OF 2017
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
WP No. 21850 of 2017
(GAJENDRA SINGH CHANDEL Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 09-08-2024
Shri Anil Kumar Shrivastava, learned counsel for the
petitioner.
Shri Puran Kumar Kulshrestha learned
Additional Advocate General for the respondents/State.
The petitioner has filed this petition seeking a writ in the
nature of Habeas Corpus for custody of his minor daughter. The
petitioner alleged that she was abducted by respondents No.4 and
5 on 01.08.2017 and thereafter she did not return to the house.
2. This Court time to time directed respondents/States to
submit status reports to update about the search and investigation.
An FIR was also registered against respondent No.4 under
Sections 363 and 366 of IPC. After undergoing an entire trial he
has been acquitted from both the charges. Vide order
dt.06.10.2018, Writ Petition was dismissed by holding that since
the illegal detention could not be established, therefore, no writ of
habeas corpus can be issued in this petition for search of a
(2) WP NO.21850 OF 2017
missing person. The petitioner filed Writ Appeal No.110/2019
and vide order dt.06.05.2019, the aforesaid order of dismissal of
the writ petition was set aside and the writ petition was restored
with the finding that the writ petition is maintainable in the case
of the missing person also. Thereafter, this petition has been
listed several times. Many status reports have been filed. NARCO
test of various persons was conducted, but the police have not
reached any conclusion as to whether the corpus is alive or not
3. Learned counsel for the respondents/State submits that
the police recorded the statement of Sonu Kalawat S/o Suresh
Kalawat on 05.09.2022, in which he admitted commission of rape
and threw the dead body of the corpus by him. His NARCO test
was also conducted but no FIR has been lodged against him.
4. Since 2017 now more than seven years have passed.
This Court can presume the civil death of the corpus, but there is
so much material in this case, which reflects that the then SHO of
the local police station did not handle the case properly to recover
the daughter of the petitioner. Various statements collected by the
police, NARCO test reports, and statements of witnesses all are
(3) WP NO.21850 OF 2017
liable to be considered cumulatively in this case to finally
conclude as to whether this case is liable to be transferred to CBI
in view of the judgment passed by the Apex Court in the case of
Alsia Pardhi Vs. State of Madhya Pradesh and others (2014) 2
SCC 725. Shri Lakhan Lal Garg (M.No.9425938768), is a retired
Principal District Judge from the Higher Judicial Services having
vast experience in dealing with criminal cases. Shri Mangal Singh
(M.No.9425360510) is a retired Additional Superintendent of
Police (IPS), who has waste experience in the investigation of
criminal cases. We hereby also appoint Shri Lakhan Lal Garg,
Rtd. Principal District Judge and Shri Mangal Singh, retired IPS
Officer, as amicus curiae in this case to assist this court to assist
this Court. Both the officers are requested to examine the entire
record of this case, Noarco report and police records and submit a
comprehensive report before this Court. They are requested to
assist this Court at the time of final arguments. The police
department is directed to provide them all the material related to
this case.
5. After the decision of this Writ Petition, this Court shall
consider connected Cr.A.No.8395/2022 and Cr.A.No.4365/2019
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filed by the State of M.P. and the complainant respectively
against the acquittal of respondent No.4.
List in the month of November 2024.
(VIVEK RUSIA) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
SP
