Suresh Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 1770 Raj

[2023/RJJD/005398]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Habeas Corpus Petition No. 53/2019

Suresh Kumar S/o Shri Satpal, Aged About 26 Years, B/c Suthar, Ward No. 1, Rawatsar District Hanumangarh.

----Petitioner Versus

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

2. The Director General Of Police, Rajasthan, Jaipur.

3. The Superintendent Of Police, Hanumangarh.

4. The Station House Officer, Police Station Rawatsar District Hanumangarh.

5. Subhash S/o Udram, B/c Suthar, Madhosinghana, Sirsa (Haryana)

6. Purshottam S/o Bhagwana Ram, B/c Suthar, 22 Ntr, Nohar Tehsil Nohar District Hanumangarh.

----Respondents

For Petitioner(s) : Mr. Abhishek Agarwal for Mr. T.C.

Sharma

For Respondent(s) : Mr. M.A. Siddiqui, GA-cum-AAG with Mr. A.R. Malkani, AAAG

Mr. Ravindra Singh, SHO PS Rawatsar, Distt. Hanumangarh, present in person

[2023/RJJD/005398] (2 of 3) [HC-53/2019]

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Judgment / Order

15/02/2023

This habeas corpus petition is filed by the petitioner

alleging therein that his father aged about 55 years is missing

since 27.11.2018 and in relation to that, an FIR No.577/2018

was lodged at the instance of petitioner's uncle at Police

Station Rawatsar on 28.11.2018 for the offence under Section

365 IPC against unknown persons, however, the police is not

tracing out petitioner's father and there is apprehension that

he may be in illegal confinement of respondent Nos.5 and 6.

Pursuant to the notices issued by this Court, reply has

been filed on behalf of respondent Nos.1 to 4 and various

factual reports have been furnished from time to time,

wherein the efforts carried out by the police to trace out the

petitioner's father have been mentioned.

Learned AAG has submitted that the police has already

interrogated the respondent Nos.5 and 6 thoroughly and

found that the allegations levelled against them with regard

to kidnapping the petitioner's father and keeping him in illegal

confinement are not true. Learned AAG has also submitted

that the police is making sincere efforts to trace out the

[2023/RJJD/005398] (3 of 3) [HC-53/2019]

petitioner's father, which are elaborated from the factual

reports furnished from time to time.

Having heard learned counsel for the parties and after

going through the latest factual report, we are of the view

that it is not a case of illegal confinement but of a missing

person, for which, the police is making efforts to trace out the

corpus.

In such circumstances, no case for issuance of writ of

habeas corpus is made out. Hence, this habeas corpus

petition is dismissed.

However, the police shall continue with the search of the

corpus and make every effort to trace him out.

(PRAVEER BHATNAGAR),J (VIJAY BISHNOI),J

31-msrathore/-

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