Balram Bairwa Son Of Ramshi vs State Of Rajasthan
2022 Latest Caselaw 1632 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          D.B. Habeas Corpus Petition No. 324/2021

Balram Bairwa Son Of Ramshi, Aged About 39 Years, Resident Of
Chotya Ka Pura, Tan Dehmoli, Police Station Kudgawn, District
                                                                     ----Petitioner
                                    Versus
1.      State   Of   Rajasthan,        Through         The       Home   Secretary,
        Secretariat, Jaipur.
2.      Superintendent Of Police, Distt Karauli
3.      Station House Officer, Police Station - Kudgawn, District
        Karauli (Raj.)
                                                                  ----Respondents

For Petitioner(s) : Mr. Malkhan Chaturvedi For Respondent(s) : Mr. N.S. Gurjar, Assistant Govt. Adv. Investigating Officer : Mr. Neeraj Kumar S.I., S.H.O., P.S. Kudgawn, Karauli (Raj.)

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Judgment / Order

21/02/2022

1. Petitioner has preferred this Habeas Corpus Petition for

production of the corpus-son of the petitioner.

2. Reply has been filed on behalf of the respondent. A status

report has also been filed before the Court today.

3. It is informed by the learned Assistant Government Advocate

that the corpus was seen going with another missing girl on

31.08.2021 by friend of corpus. An F.I.R. has also been lodged by

brother of the missing girl, wherein he has levelled allegations

against the son of petitioner.

4. We have considered the contentions.

(2 of 2) [HC-324/2021]

5. There is no allegation whatsoever that the son of petitioner

has been illegally detained by someone, rather from the

investigation, it is revealed that he left in Gangapur in a bus

alongwith a girl who is also stated to be missing since 31.08.2021.

A missing person report filed by the petitioner, a missing person

report filed by the husband of the missing female and an F.I.R.

lodged by brother of the missing female are being investigated by

the police.

6. We are of the considered view that there is no illegal

detention of the corpus. A criminal case has been registered

against him for enticing and taking away the female, hence, we

are not inclined to entertain the Habeas Corpus Petition.

7. Accordingly, Habeas Corpus Petition is dismissed.

8. Petitioner is free to approach the concerned Magistrate to

enquire about the progress of missing person report.

(ANOOP KUMAR DHAND),J (PANKAJ BHANDARI),J

ARTI SHARMA /5

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