Babu Lal vs State Of Rajasthan
2021 Latest Caselaw 18570 Raj

(1 of 3) [HC-106/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Habeas Corpus Petition No. 106/2021

Babu Lal S/o Samratha Kumar, Aged About 50 Years, By Cast Kumhar, Resident Of Maliwas Mohalla, Sirohi, District Sirohi

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary Of Home Affairs Department, Govt Of Rajasthan, Jaipur.

2. Inspector General Of Police, Jodhpur Range, Jodhpur.

3. Superintendent Of Police, Sirohi

4. Sho Of Anadara Police Station, District Sirohi

5. Ranjeet S/o Bheru Lal Oad, Maliwas Mohalla, Sirohi, District Sirohi.

6. Ramesh Kumar S/o Bheru Lal Oad, Maliwas Mohalla, Sirohi, District Sirohi.

7. Kalu Ram S/o Unknown, Anadara, Police Station Anadara, District Sirohi.

8. Ramdin Oad S/o Unknown, Himmat Nagar, Banaskantha (Gujarat)

----Respondents

For Petitioner(s) : Mr. Naresh Kumar For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG(Incharge) Ms. Geeta Singh, SI, SHO Anadara, District Sirohi, present in person

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Judgment / Order

07/12/2021

This habeas corpus petition is filed by petitioner with the

allegation that his son Pradeep was kidnapped on 12.12.2020 by

the private respondents and he is in their illegal detention,

therefore, the respondent Nos.1 to 4 may be directed to produce

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his son Pradeep after getting him released from the illegal

detention of respondent Nos.5 to 8. In the petition, it is also

averred that in relation to the allegation of kidnapping petitioner's

son, he has lodged FIR No.39/2021 dated 10.03.2021 at Police

Station Anadara, District Sirohi against the respondent Nos.5 to 8,

however, the police is not investigating into the said FIR in a

proper manner.

Pursuant to the directions given by this Court, the

Government Advocate has submitted factual reports from time to

time, wherein the efforts carried out by the police to trace out the

petitioner's son have been mentioned.

Learned counsel for the petitioner has submitted that after

abduction of his son on 12.12.2020 by the respondent Nos.5 to 8,

his son has anyhow rescued himself from the illegal custody of the

kidnapers on 15.12.2020 and, thereafter, he remained in touch

with the petitioner and other family members till February, 2021,

but thereafter whereabouts of his son are not known.

Learned Public Prosecutor has submitted that in the latest

factual report, which is taken on record, it is mentioned that as a

matter of fact, the petitioner himself has sent his son with one

Mukesh to Mumbai. During investigation, the police has recorded

statements of Mukesh, who has confirmed that the petitioner's son

went along with him to Mumbai on asking of the petitioner

himself.

Having heard learned counsel for the parties and particularly

taking into consideration the submission of learned counsel for the

petitioner that after abduction of his son on 12.12.2020, his son

has rescued himself from illegal detention of the kidnappers on

15.12.2020, we are of the opinion that the petitioner has failed to

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make out a case that his son is in illegal detention of anybody.

Further, this Court is of the opinion that it is a case of missing

person and not of illegal detention.

In such circumstances, we do not find any merit in this

habeas corpus petition and the same is hereby dismissed.

However, the police is expected to carryout fair and

transparent investigation in the FIR No.39/2021 of Police Station

Anadara, District Sirohi.

(ANOOP KUMAR DHAND),J (VIJAY BISHNOI),J

43-nidhi/-

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