Hardev Singh Son Of Shri Gulla Ram vs State Of Rajasthan
2022 Latest Caselaw 6751 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             D.B. Habeas Corpus Petition No. 325/2022

Hardev Singh Son Of Shri Gulla Ram, Aged About 66 Years,
Resident Of Ward No. 11, Dhani Thakur Singh Wali Tan
Kalyanpura, Police Station And Tehsil Shrimadhopur, District
Sikar (Raj.)
                                                                     ----Petitioner
                                     Versus
1.     State Of Rajasthan, Through The Secretary, Department
       Of Home, Govt. Of Rajasthan, Secretariat, Jaipur.
2.     The Additional Director General Of Police, Anti Human
       Trafficking Unit, Jaipur (Rajasthan)
3.     Superintendent Of Police, Sikar, District Sikar (Raj.)
4.     S.h.o.    Police        Station     Shrimadhopur,           District   Sikar
       (Rajasthan).
5.     Balram       Son   Of     Kaluram        Bajiya,       Resident   Of   Math
       Dulhepura, Tehsil Khandela, District Sikar (Raj.)
                                                                  ----Respondents

For Petitioner(s)          :     Pt. Shri Ram Joshi
For State                  :     Mr. N.S. Gurjar, AGA



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

                                      Order

18/10/2022

1. Petitioner has preferred this Habeas Corpus Petition seeking

production of the corpus who happens to be his daughter.

2. It is contended by counsel for the petitioner that daughter of

the petitioner who is a major left the home along with cash

amount of Rs.35,000/- and other ornaments. A Missing Person

Report dated 06.09.2022 has been lodged with the Police Station

Shrimadhopur, District Sikar.

(2 of 3) [HC-325/2022]

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

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."

6. Since, petitioner's daughter is a major and the missing

person report prima-facie does not disclose that there is an illegal

(3 of 3) [HC-325/2022]

detention, we are not inclined to entertain the habeas corpus

petition in light of the 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.

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

                                   AMIT/47









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