Prabhu Dayalsaini S/O Kanhaya Lal ... vs Principal Secretary ...
2023 Latest Caselaw 1627 Raj/2

[2023/RJJP/001817]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                D.B. Habeas Corpus Petition No. 41/2023

Prabhu Dayalsaini S/o Kanhaya Lal Saini, Aged About 41 Years,
Ward No. 26, Dhani Lalawali Shapura, Tehsil Shahpura, District
Jaipur Rajasthan.
                                                                     ----Petitioner
                                     Versus
1.       Principal Secretary, State Of Rajasthan, Jaipur Through
         P.P.
2.       The Director General Of Police, State Of Raj. Lalkothi,
         Jaipur.
3.       Additional Director General Of Police (Human Trafficking),
         Jaipur.
4.       Superintendent Of Police, District Jaipur Rural, Jaipur.
5.       S.H.O., Police Station, Shahpura, District Jaipur.
6.       Rajesh Sharma S/o Shri Mahaveer Prasad Sharma, R/o
         Shahpura, Jaipur.
                                                                  ----Respondents

For Petitioner(s) : Mr. Hemant Kumar Sharma Mr. Saurabh Aswal For State : Mr. Rajendra Yadav, GA-cum-AAG assisted by Mr. N.S. Gurjar, Assistant Govt. Adv.

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

06/02/2023

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 aged about 22 years went missing on 20.01.2023

[2023/RJJP/001817] (2 of 3) [HC-41/2023]

and Missing Person Report bearing No.002/2023 has also been

lodged by the petitioner at Police Station Shahpura, Jaipur Rural.

3. We have considered the contentions and have perused the

Missing Person Report lodged by the petitioner.

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

there is no allegation with regard to any illegal detention. It is also

evident that petitioner has already filed a complaint and has

levelled allegation against particular person.

5. 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 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

[2023/RJJP/001817] (3 of 3) [HC-41/2023]

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 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.

8. However, petitioner is free to approach the concerned

Court to inquire about the progress of the Missing Person Report

as well as complaint lodged by him.

(BHUWAN GOYAL),J (PANKAJ BHANDARI),J

AMIT/6

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