Krishan Kumar S/O Shri Jaganram vs State Of Rajasthan
2022 Latest Caselaw 7805 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              D.B. Habeas Corpus Petition No. 375/2022

Krishan Kumar S/o Shri Jaganram, Aged About 46 Years, R/o
Village Madansar, Post- Badbar, Tehsil Buhana, District Jhunjhunu
(Raj.) (Father Of Missing Daughter).
                                                                          ----Petitioner
                                      Versus
1.      State     Of      Rajasthan,           Through             Home      Secretary,
        Government Of Rajasthan, Secretariat, Jaipur.
2.      Director General Of Police, Rajasthan Police, Jaipur.
3.      Superintendent Of Police, Dist. Jhunjhunu (Raj.).
4.      Station     House        Officer,    Police     Station      Buhana,      Dist.
        Jhunjhunu (Raj.).
                                                                    ----Respondents

For Petitioner(s) : Mr. Brahma Prakash For State : Mr. Javed Choudhary, AGA

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BIRENDRA KUMAR Order 14/12/2022

1. Petitioner has preferred this habeas corpus petition seeking

production of the corpus who happens to be daughter of the

petitioner.

2. Learned Additional Government Advocate has submitted that

corpus is a major and Missing Person Report No.0022/2022 has

already been filed.

3. We have considered the contentions and have perused the

Missing Person Report.

4. From perusal of the Missing Person Report, it is evident that

there is no allegation with regard to illegal detention.

5. Matter pertaining to Missing Person Report came up before

the High Court of Chattisgarh in "Smt. Jaymati Sahu Vs. State

(2 of 2) [HC-375/2022]

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

6. 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).

7. Accordingly, present Habeas Corpus Petition stands disposed.

8. However, petitioner is free to approach the concerned

Magistrate to inquire about the progress of the Missing Person

Report.

(BIRENDRA KUMAR),J (PANKAJ BHANDARI),J

AMIT/46

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