Babu Ram S/O Late Shri Shonath ... vs State Of Rajasthan
2022 Latest Caselaw 3600 Raj/2

Citation : 2022 Latest Caselaw 3600 Raj/2
Judgement Date : 7 May, 2022

Rajasthan High Court

Babu Ram S/O Late Shri Shonath ... 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. 130/2022

Babu Ram S/o Late Shri Shonath Singh, Aged About 52 Years,
R/o Village Benipur, Post Alaihdajpur, Khajuba, District Bijnor,
Uttar Pradesh- 246762.
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through Principal Secretary, Home
        Department, Secretariat, Jaipur.
2.      Commissioner Of Police, Jaipur.
3.      Station House Officer, Police Station Murlipura, Jaipur
        (West).
4.      Nadeem Khan S/o Not Known, Owner Of Your Barber
        Unisex Saloon, Near Sitabadi Phatak, Benar Road, Jaipur.
5.      Jyoti Saini Owner Of Jiya Beauty Saloon, Near Sitabadi
        Phatak, Benar Road, Jaipur.
6.      The Additional Director General Of Police, Anti Human
        Trafficking, Jaipur.
                                                                ----Respondents

For Petitioner(s) : Mr. Vikram Singh Panwar For Respondent(s) : Mr. N.S. Gurjar, AGA

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 major son of

the petitioner.

2. It is contended by counsel for the petitioner that

petitioner's son is missing since 29.03.2022, for which a missing

person report was lodged on 19.04.2022.

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

(2 of 2) [HC-130/2022]

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."

6. Since, petitioner's son 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).

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 Missing Person Report.

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

CHANDAN /77