Rajasthan High Court
Bhagari Jatav Son Of Shri Vedariya vs State Of Rajasthan on 7 May, 2022
Bench: Pankaj Bhandari, Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Habeas Corpus Petition No. 82/2022
Bhagari Jatav Son Of Shri Vedariya, Aged About 62 Years,
Resident Of Village Basai Nawab, Police Station Kolari, District
Dholpur (Rajasthan).
----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, Dholpur, District Dholpur (Raj.)
4. S.h.o. Police Station Kolari, District Dholpur (Rajasthan).
5. Ram Babu Jatav Son Of Not Known, Resident Of Village
Singhrawali, Police Station Basedi, District Dholpur (Raj.)
6. Surendra Jatav Son Of Shri Ramuji, Resident Of Village
Singhrawali, Police Station Basedi, District Dholpur (Raj.)
----Respondents
For Petitioner(s) : Mr. Ankur Singh Tomar
For Respondent(s) : Mr. N.S. Gurjar, AGA
Mr. Naresh Poswal, SHO-Kolari,
Dholpur
HON'BLE MR. JUSTICE PANKAJ BHANDARI
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
07/05/2022
1. Petitioner has preferred this habeas corpus petition
seeking production of the corpus, who happens to be 25 years old
son of the petitioner.
2. Report is submitted by Mr. Naresh Poswal and the case
diary is also placed before the Court.
(2 of 3) [HC-82/2022]
3. From perusal of the same, it is revealed that the
allegation which is levelled against the private respondent is
incorrect, as they were at Panipat on the date when it is alleged
that corpus was forcefully taken away.
4. It is also revealed from the investigation done by the
police that the corpus was in habit of consuming liquor, ganja,
poppy etc. and when his brothers tried to improve his habits, he
left the house and for last five years, he is not traceable.
5. 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."
(3 of 3) [HC-82/2022]
6. In the present case in hand, police has come to the
conclusion that the corpus was not forcefully taken away and he is
not in illegal detention. The corpus is a major boy, aged 25 years
and the investigation done so far does not disclose that there is
any illegal detention, thus, 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
Court to inquire about the progress of the report lodged by him.
(ANOOP KUMAR DHAND),J (PANKAJ BHANDARI),J
CHANDAN /7
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