Bajrang Lal Kumawat Son Of Shri ... vs State Of Rajasthan
2022 Latest Caselaw 7888 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              D.B. Habeas Corpus Petition No. 380/2022

Bajrang Lal Kumawat Son Of Shri Bhagwan Sahay, Aged About
42 Years, Resident Of Shiv Nagar, Hasteda, Tehsil Chomu,
District Jaipur (Raj.)
                                                                      ----Petitioner
                                      Versus
1.      State Of Rajasthan, Through The Secretary, Department
        Of Home, Govt. Of Rajasthan, Secretariat, Jaipur.
2.      The Additional Director General Of Police, Anti Human
        Trafficking Unit, Jaipur (Rajasthan)
3.      Superintendent Of Police, Jaipur Rural, District Jaipur
        (Raj.)
4.      S.h.o. Police Station Govindgarh, District Jaipur Rural
        (Raj.)
5.      Investigating Officer Of               M.p.r. No. 032/2022           Dated
        01/12/2022, Police Station Govindgarh, District Jaipur
        Rural (Raj.)
6.      Bhag Chand Kumawat Son Of Shri Nanda Ram, Resident
        Of Baniya Wali Dhani, Ranoli, District Sikar (Raj.)
                                                                   ----Respondents

For Petitioner(s) : Mr. Nav Ratan Singh For State : Ms. Alka Bhatnagar, AGA

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA

Order

19/12/2022

1. Petitioner has preferred this Habeas Corpus Petition seeking

production of the corpus who happens to be daughter of the

petitioner.

2. We have perused the petition.

(2 of 3) [HC-380/2022]

3. On perusal of the petition, it is evident that petitioner's

daughter has attained majority and there is no allegation in the

Missing Person Report of 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 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).

(3 of 3) [HC-380/2022]

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.

(SHUBHA MEHTA),J (PANKAJ BHANDARI),J

AMIT/61

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