Rajasthan High Court
Ratiram S/O Hazarilal vs State Of Rajasthan on 19 October, 2022
Bench: Pankaj Bhandari, Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Habeas Corpus Petition No. 232/2022
Ratiram S/o Hazarilal, Aged About 45 Years, R/o Satwada, Police
Station Nagar Fort, District Tonk, Presently R/o 19, Shivaji
Nagar, Shrirampura, Police Station Sanganer Sadar, Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Home Secretary, Govt.
Secretariat, Jaipur.
2. Commissioner Of Police, Jaipur.
3. Station House Officer, Police Station Sanganer Sadar,
Jaipur.
4. Arvind Kumar S/o Santram, R/o Village Dedva, Post
Lawad Sardhna, Meeruth (Up).
5. The Additional Director General Of Police, Anti Human
Trafficking, Jaipur.
----Respondents
For Petitioner(s) : Mr. Sunil Kumar Swami
For Respondent(s) : Mr. Sher Singh Mahla, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment / Order
19/10/2022
1. Petitioner has preferred this Habeas Corpus Petition seeking
production of the corpus who happens to be daughter of the
petitioner.
2. Learned Public Prosecutor has contended that the corpus is
major and missing person report has been lodged.
3. We have considered the contentions and have perused the
Missing Person Report.
(2 of 3) [HC-232/2022]
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
detention, we are not inclined to entertain the habeas corpus
petition in the light of judgment of Smt. Jaymati Sahu (supra).
7. Accordingly, present Habeas Corpus Petition stands disposed.
(3 of 3) [HC-232/2022]
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
ARTI SHARMA /56
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