Rajasthan High Court
Zarina Wife Of Mohammad Umar ... vs State Of Rajasthan on 26 May, 2022
Bench: Pankaj Bhandari, Anoop Kumar V.J.)
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Habeas Corpus Petition No. 153/2022
Zarina Wife Of Mohammad Umar Khatri, Aged About 49 Years,
Resident Of Ward No. 12, Bissau Road, Abu Bakar Masjid Ke
Pass, Mandawa, Jhunjhunu.
----Petitioner
Versus
1. State Of Rajasthan, Through Home Secretary,
Department Of Home, Secretariat, Jaipur.
2. Superintendent Of Police, Jhunjhunu
3. S.h.o. Police Station Mandawa, District Jhunjhunu
4. The Additional Director General Of Police, Anti Human
Trafficking Unit, Police Head Quarter, Jaipur.
5. Amit Nayak Son Of Prakash Nayak, Resident Of Ward No.
12, Mandawa, Jhunjhunu.
----Respondents
For Petitioner(s) : Mr. Sanchit Tamra
For State : Ms. Rekha Madnani, AGA
HON'BLE MR. JUSTICE PANKAJ BHANDARI
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Judgment / Order
26/05/2022
1. Petitioner has preferred this Habeas Corpus Petition seeking
production of the corpus who happens to be major daughter of the
petitioner, aged twenty years.
2. Perusal of the Missing Person Report (MPR) indicates that the
corpus left the house on her own on 18.12.2021 without informing
the petitioner. There is no allegation in the MPR that the corpus is
in illegal detention of any one.
(2 of 3) [HC-153/2022]
3. We have considered the contentions and have perused the
MPR.
4. From Perusal of the MPR, it is evident that there is no
allegation with regard to illegal detention. Matter pertaining to
missing person report came up before the High Court of
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 aground 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
(3 of 3) [HC-153/2022]
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
ARTI SHARMA /50
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