Mukesh Mandal S/O Panna Lal Mandal vs State Of Rajasthan
2022 Latest Caselaw 5384 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                       BENCH AT JAIPUR
             D.B. Habeas Corpus Petition No. 234/2022
Mukesh Mandal S/o Panna Lal Mandal, Aged About 45 Years, R/o
Post Office Chakwa Benta, Hayaghat Bilaspur, District
Darbhanga, Bihar. At Present- Plot No. 16, Suraj Nagar, Rampura
Road, Sanganer, District Jaipur (Raj.).
                                                                     ----Petitioner
                                     Versus
1.        State Of Rajasthan, Through Principal                         Secretary,
          Department Of Home, Government Of                             Rajasthan
          Government Secretariat, Jaipur.
2.        Additional Director General               Of     Police,   Anti   Human
          Trafficking, Unit Jaipur (Raj.).
3.        Commissioner Of Police, Jaipur, Commissionerate, Jaipur.
4.        Superintendent Of Police, Jaipur South.
5.        Station House Officer, Police Station Muhana, Jaipur.
                                                                  ----Respondents

For Petitioner(s) : Mr. Amitabh Jatav For Respondent(s) : Mr. N.S. Gurjar, AGA

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE SAMEER JAIN Order 02/08/2022

1. Petitioner has preferred this habeas corpus petition

seeking production of the corpus who happens to be his daughter.

2. We have perused the petition and missing person

report.

3. Admittedly, petitioner's daughter is a major. There is no

allegation in the petition that she is in illegal detention. Even in

the missing person report filed by the petitioner, it is mentioned

that she might have gone with one-Lakhan but it is not mentioned

that she is in illegal detention.

4. Matter pertaining to missing person report came up

before the High Court Chattisgarh in "Smt. Jaymati Sahu

Vs.State of Chattisgarh and Ors." (WPHC No.8/2019) decided

(2 of 2) [HC-234/2022]

on 22.04.2022. High Court of Chattisgarh has observed in Para-14

as under:-

"Thus, the constitutional Courts across the country predominantly held in catena of judgments that establishing a ground of "illegal detention"and a strong suspicion about any such "illegal detention" is a condition precedent for moving a Habeas Corpus petition and the Constitutional Courts shall not entertain a Habeas Corpus petition, where there is no allegation of "illegal detention" or suspicion about any such "illegal detention". Cases of missing persons cannot be brought under the provision of the Habeas Corpus petition. Cases of missing persons are to be registered under the regular provisions of the Indian Penal Code and the Police officials concerned are bound to investigate the same in the manner prescribed under the Codeof Criminal Procedure. Such cases are to be dealt as regular cases by the competent Court of Law and the extraordinary jurisdiction of the Constitutional Courts cannot be invoked for the purpose of dealing with such cases of missing persons."

5. Since, petitioner's daughter is a major and the missing

person report prima-facie does not disclose that there is an illegal

detention, we are not inclined to entertain the habeas corpus

petition in the light of judgment of Smt. Jaymati Sahu (supra).

6. Accordingly, present Habeas Corpus Petition stands

disposed.

7. However, petitioner is free to approach the concerned

Court to inquire about the progress of the Missing Person Report.

(SAMEER JAIN),J (PANKAJ BHANDARI),J

CHANDAN /5

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