Mahendra Khoued S/O Mr. Soubhag ... vs The State Of Rajasthan
2022 Latest Caselaw 7949 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            D.B. Habeas Corpus Petition No. 387/2022

Mahendra Khoued S/o Mr. Soubhag Chandra, Aged About 48
Years, Resident Of 7/176 Malviya Nagar, Jaipur Rajasthan.
                                                                    ----Petitioner
                                    Versus
1.      The State Of Rajasthan, Through Secretary Home, Home
        Department, Govt. Of Rajasthan, Secretariat, Jaipur.
2.      The Commissioner Of Police, Jaipur Commissionarate,
        Jaipur Metropolitan, Jaipur, Rajasthan.
3.      The Deputy Commissioner Of Police, Jaipur (East), Jaipur
        Commissionarate, Jaipur.
4.      The S. H. O. Police Station Jawahar Circle, Jaipur City
        (East), Jaipur, Rajasthan.
5.      Additional      Director          General          Of     Police,    Anti
        Humantrafficking Unit, Jaipur, Rajasthan.
6.      Vikrant S/o Mr. Akash Prajapati, Aged About 19 Years, R/o
        Near Raju Sweet House St No. 6, 7Th Chowk Circular
        Road, Abohar, Fazilka, Punjab. Present Address 23 Pearl
        Apartment, 3Rd Floor, Near Paras Garden Jagatpura, Shri
        Krishanpura, Jaipur, Rajasthan.
                                                                 ----Respondents

For Petitioner(s)         :     Mr. Tushar Panwar
For Respondent(s)         :     Mr. G.S. Rathore, GA cum AAG with
                                Mr. N.S. Gurjar, AGA



         HON'BLE MR. JUSTICE PANKAJ BHANDARI
           HON'BLE MR. JUSTICE BIRENDRA KUMAR

                                     Order

22/12/2022

1. Petitioner has preferred this Habeas Corpus Petition

seeking production of the corpus who happens to be major

daughter of the petitioner.

2. We have perused the Missing Person Report.

(2 of 3) [HC-387/2022]

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

that there is no allegation with regard to 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-387/2022]

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.

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

CHANDAN /55

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