Boduram Sharma Son Of Mangu Ram vs State Of Rajasthan
2022 Latest Caselaw 7641 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              D.B. Habeas Corpus Petition No. 366/2022

Boduram Sharma Son Of Mangu Ram, Aged About 47 Years, R/o.
Kotri   Luharwas,         Police      Station       Khandela,          District   Sikar
(Rajasthan)
                                                                         ----Petitioner
                                       Versus
1.      State      Of      Rajasthan,           Through             Secretary     Home
        Department, Government Of Rajasthan, Jaipur.
2.      The Superintendent Of Police, Sikar.
3.      Station House Officer, Police Station Khandela, District
        Sikar.
                                                                      ----Respondents

For Petitioner(s) : Mr. Vidhut Kumar Gupta For Respondent(s) : Mr. Javed Choudhary, Additional Govt.

Advocate

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE SAMEER JAIN

Order

06/12/2022

1. Petitioner has preferred this habeas corpus petition seeking

production of corpus who happens to be major daughter of the

petitioner.

2. From perusal of the petition, it is evident that there is no

allegation with regard to illegal detention.

3. We have considered the contentions and have perused the

Missing Person Report.

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 on

(2 of 2) [HC-366/2022]

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

                                   HEENA/03







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