Gajanand Sharma S/O Hanuman Sahai vs State Of Rajasthan
2022 Latest Caselaw 3965 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              D.B. Habeas Corpus Petition No. 145/2022

Gajanand Sharma S/o Hanuman Sahai, Aged About 45 Years,
R/o Kui Ki Dhani, Labana, Police Station Chandwaji, District
Jaipur.
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through Principal                        Secretary,
        Department Of Home, Government Of                            Rajasthan,
        Government Secretariat, Jaipur.
2.      Additional Director General Anti Human Trafficking, Police
        Headquarter, Jaipur.
3.      Superintendent Of Police, Jaipur Rural
4.      Station House Officer, Police Station Chandwaji, District
        Jaipur Rural, Jaipur.
                                                                ----Respondents

For Petitioner(s) : Mr. Brahma Nand Sandu For Respondent(s) : Mr. N.S. Gurjar, Assistant Govt.

Advocate

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

Order

19/05/2022

1. Petitioner has preferred this habeas corpus petition seeking

production of corpus who happens to be daughter of the

petitioner.

2. From perusal of the petition, it is evident that the corpus is a

major girl, there is no allegation with regard to illegal detention.

3. We have considered the contentions and have perused the

Missing Person Report.

4. 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-145/2022]

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 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."

5. 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).

6. Accordingly, present Habeas Corpus Petition stands disposed.

7. 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

HEENA/44

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