Hanuman Sahai Bunkar Son Of Late ... vs State Of Rajasthan
2022 Latest Caselaw 3768 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              D.B. Habeas Corpus Petition No. 138/2022

Hanuman Sahai Bunkar Son Of Late Shri Prabhat Balai, Aged
About 55 Years, Resident Of 380, Kishan Bag, Naya Kheda,
Ambabadi, Shastri Nagar, Jaipur City (North), Rajasthan.
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through Home Secretary, Secretariat,
        Jaipur.
2.      Director General Of Police Rajasthan, Jaipur.
3.      Police Commissioner, Commissionerate, Jaipur.
4.      Station House Officer, Police Station Shastri Nagar, Jaipur.
5.      Sonu Chaudhary Son Of Shri Dharmendra Chaudhary,
        Aged About 30 Years, Resident Of Behind Shyam Mandir,
        Ward No. 25, Pilani, Jhunjhunu-333031
                                                                ----Respondents

For Petitioner(s)        :     Mr. Kuldeep Aswal
For State                :     Mr. Javed Choudhary, AGA


            HON'BLE MR. JUSTICE PANKAJ BHANDARI
      HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
                       Order
12/05/2022

1. Petitioner has preferred this Habeas Corpus Petition seeking

production of the corpus who happens to be daughter of the

petitioner.

2 Learned Additional Government Advocate has stated that

Missing Person Report has already been filed.

3. We have considered the contentions and have perused the

Missing Person Report.

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

there is no allegation with regard to illegal detention.

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

(2 of 2) [HC-138/2022]

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 Code of 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 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).

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

AMIT KUMAR /41

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