Bhura Ram vs State Of Rajasthan
2022 Latest Caselaw 12318 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Habeas Corpus Petition No. 182/2022

Bhura Ram S/o Sh. Samaram, Aged About 61 Years, By Caste Dewasi, R/o Guda Kesarsingh, Tehsil Rani, District Pali. (Father Of Corpus Santosh Dewasi).

----Petitioner

Versus

1. State Of Rajasthan, Through The Secretary, Home Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director General Of Police, Police Head Quarters Jaipur.

3. The Inspector General Of Police, Jodhpur Range Jodhpur.

4. The S.h.o. Police Station, Rani, District Pali.

5. Prakash S/o Kheemaramji, Aged About 25 Years, By Caste Dewasi, R/o Sinala Tehsil Marwar Junction District Pali..

6. Tararam S/o Deeparam, By Caste Dewasi, R/o Sinala Tehsil Marwar Junction, District Pali.

                                                                       ----Respondents


For Petitioner(s)             :     Mr. Mangi Lal
                                    Mr. Mohd. Iqbal
Petitioner present in         :     Mr. Bhura Ram
Person
For Respondent(s)             :     Mr. MA Siddiqui, GA-cum-AAG
Present in Person             :     Mr. Megharam, ASI, PS Rani, District Pali


                HON'BLE MR. JUSTICE VIJAY BISHNOI
              HON'BLE MR. JUSTICE KULDEEP MATHUR
                       Judgment / Order

14/10/2022

This Court vide order dated 23.09.2022, taking into consideration

the application preferred on behalf of the petitioner for withdrawing the

habeas corpus petition has refused to terminate the proceedings while

observing that this Court is not satisfied with the contents of the

application made on behalf of the petitioner.

(2 of 2) [HC-182/2022]

This Court has further directed the Investigating Officer to

intensify the efforts for tracing out the corpus and to produce her before

this Court by all means on or before the next date of hearing.

Despite specific order passed by this Court, the corpus is not

produced before this Court, however, the petitioner, present in person,

has stated that he does not want to press this petition as his minor

daughter is not traceable and the persons belongs to his community

assured him that the corpus will be produced very soon.

We are of the opinion that the petitioner seems to be distressed

with the attitude of the police and the members of his community.

Be that as it may, the corpus is minor and once this Court has

ordered for producing the corpus before this Court, the police is

required to trace out and to produce her before this Court in any event.

In such circumstances, we deem it appropriate to direct the police

to produce the corpus before this Court on or before the next date of

hearing.

List on 03.11.2022.

It is made clear that if the police fails to produce the corpus

before this Court on the next date of hearing, the Superintendent of

Police, Pali shall personally remain present before this Court.

(KULDEEP MATHUR),J (VIJAY BISHNOI),J

SURABHII/50-

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