Krishan Kumar Son Of Gopal Lal vs State Of Rajasthan
2023 Latest Caselaw 147 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               D.B. Habeas Corpus Petition No. 8/2023
Krishan Kumar Son Of Gopal Lal, Aged About 34 Years, R/o A-
49, Mount Road, Harijan Basti, Brahmpuri By Pass, Jaipur.
                                                                    ----Petitioner
                                    Versus
1.      State Of Rajasthan, Through Secretary, Department Of
        Home, Government Of Rajasthan, Secretariat Jaipur.
2.      Commissioner Of Police, Jaipur.
3.      Station House Officer, P.s. Nahargarh, Jaipur City North.
4.      The Additional Director General Of Police, Anti Human
        Trafficking Unit, Jaipur.
5.      Buriya, Unknown Person
                                                                 ----Respondents

For Petitioner(s) : Mr. Suresh Kumawat for Mr. Ram Awtar Sharma For Respondent(s) : Mr. G.S. Rathore GA cum AAG

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BIRENDRA KUMAR Order

05/01/2023

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.

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:-

                                                                                            (2 of 2)               [HC-8/2023]



                                             "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, petitioner's wife 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).

6. Accordingly, present Habeas Corpus Petition stands

disposed of.

7. However, petitioner is free to approach the concerned

Court to inquire about the progress of the Missing Person Report.

(BIRENDRA KUMAR),J (PANKAJ BHANDARI),J

CHANDAN /76

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