Pintu Saini S/O Shri Kishore Kumar ... vs The State Of Rajasthan
2022 Latest Caselaw 6581 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              D.B. Habeas Corpus Petition No. 314/2022

Pintu Saini S/o Shri Kishore Kumar Saini, Aged About 23 Years,
R/o Ward No. 2, Dhani Jhadiwala Ki, Gram Pahadila, Tehsil
Navalgarh, District Jhunjhunu (Raj.)
                                                                        ----Petitioner
                                        Versus
1.      The      State      Of     Rajasthan,         Through        The   Secretary,
        Department Of Home, Government Secretariat, Jaipur,
        (Raj.)
2.      The Director General Of Police, Rajasthan, Jaipur (Raj.)
3.      The Additional Director General Of Police, Anti Human
        Trafficking Unit, Jaipur (Raj.)
4.      The Superintendent Of Police, District Jhunjhunu (Raj.)
5.      The Station House Officer, Police Station Udaipurwati,
        District Jhunjhunu (Raj.)
6.      Dholaram Saini S/o Unknown, R/o Ward No. 2, Dhani
        Jhadiwala Ki, Gram Pahadila, Tehsil Navalgarh, District
        Jhunjhunu (Raj.)
7.      Vishnu Saini S/o Shri Dholaram Saini, R/o Ward No. 2,
        Dhani Jhadiwala Ki, Gram Pahadila, Tehsil Navalgarh,
        District Jhunjhunu (Raj.)
                                                                     ----Respondents

For Petitioner(s) : Mr. Arvind Kumar For Respondent(s) : Mr. Rajendra Yadav, GA-cum-AAG with Mr. N.S. Gurjar, AGA

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE SAMEER JAIN Order

12/10/2022

1. Petitioner has preferred this Habeas Corpus Petition seeking

production of the corpus who happens to be his wife.

2. We have perused the Missing Person Report filed by the

petitioner.

(2 of 2) [HC-314/2022]

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

there is no allegation with regard to illegal detention.

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

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, the corpus is a major and there is no specific

allegations of any illegal confinement, we are not inclined to

entertain the present habeas corpus petition in light of the

judgment of Smt. Jaymati Sahu (supra).

6. Accordingly, the present Habeas Corpus Petition stands

disposed.

7. However, petitioner is free to approach the concerned

Magistrate to inquire about the progress of the Missing Person

Report filed by him.

(SAMEER JAIN),J (PANKAJ BHANDARI),J

AMIT/71

Powered by TCPDF (www.tcpdf.org)