Rajasthan High Court - Jodhpur
Jitendra Singh vs State Of Rajasthan on 25 July, 2022
Bench: Vijay Bishnoi, Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Habeas Corpus Petition No. 119/2019
Jitendra Singh S/o Shri Moti Lal Singh, Aged About 42 Years, B/c
Rajput, R/o H.No. 283, Indra Colony, Pashu Ahar, Near Bharat
School, Basani - II, Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Home Affairs, Govt. Of Rajasthan, Jaipur.
2. The Commissioner Of Police, Jodhpur Commissionerate,
Jodhpur.
3. The Station House Officer (S.H.O.), Police Station Basani,
District Jodhpur.
4. Deva S/o Shri Kanji,, Aged About 33 Years, Arti Kirana
Staores, Back To Petrol Pum, Indra Colony, Pashu Ahar,
Basani-Ii, Jodhpur.
5. Guddi Devi W/o Santosh Singh, B/c Rajput, R/o Indra
Colony, Pashu Ahar, Basani-Ii, Jodhpur.
6. Santosh Singh S/o Shri Ram Ekbal Singh, Aged About 32
Years, B/c Rajput, R/o Indra Colony, Pashu Ahar, Basani-
II, Jodhpur.
7. Ravi Singh, B/c Rajput, R/o Indra Colony, Pashu Ahar,
Basani-II, Jodhpur.
----Respondents
For Petitioner(s) : Ms. Aruna Mangliya
For Respondent(s) : Mr. M.A.Siddiqui, G.A.-cum-AAG with
Mr. A.R.Malkani
Ms. Pana Choudhary, CI SHO Basni,
present in person
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment / Order
25/07/2022
(2 of 3) [HC-119/2019]
This habeas corpus petition has been filed by the petitioner-
complainant alleging that his minor daughter is missing since
26.04.2019 and in relation to that incident, he has already lodged
an FIR No.203/2019 on 01.05.2019 at Police Station, Basni
District Jodhpur City, East.
It is alleged that the police are not tracing out the minor
daughter of the petitioner and, therefore, it is prayed that the
police be directed to conduct thorough investigation and trace out
the daughter of the petitioner, who might be in illegal detention of
the private respondents.
After issuing notice by this Court, a reply to the habeas
corpus petition has been filed on behalf of the respondent-State,
wherein it is stated that the police are investigating into the
matter and till date, they have not found any role of the private
respondents in the incident. The police have filed factual reports
from time to time mentioning the efforts carried out by it to trace
out the minor daughter of the petitioner.
Learned counsel for the petitioner has submitted that the
petitioner is not in contact with her since 2020. It is also
submitted that the mobile phone of the petitioner is switched off
and every effort made by her to contact him has failed.
The S.H.O., Police Station Basni, District Jodhpur City, East is
present in person and has submitted the factual report. She has
informed this Court that the petitioner is also not contacting the
police since more than one year. It is also submitted that the
petitioner has left Jodhpur and the police have also gone to his
permanent address in State of Bihar, but the petitioner or his
family members are not traced out there. It is further submitted
that every effort made by the police to contact the petitioner has
(3 of 3) [HC-119/2019]
failed and recently also, a police team has visited the permanent
address of the petitioner at Bihar, but the petitioner or his family
members are also not residing there. It is further submitted that
despite all these, the police are making every effort to trace out
the corpus and also making attempts to contact the petitioner.
In view of the fact that the petitioner is not in contact of his
counsel and is also not contacting the police, we deem it
appropriate to dispose of this habeas corpus petition with a
direction to the police to further investigate into the FIR
No.203/2019 and make every effort to trace out the corpus.
(MADAN GOPAL VYAS),J (VIJAY BISHNOI),J
31-AjaySingh/-
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