Suvi Kumar S/O Vijay Pillai vs The State Of Rajasthan
2023 Latest Caselaw 711 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             D.B. Habeas Corpus Petition No. 22/2023

Suvi Kumar S/o Vijay Pillai, Aged About 45 Years, Resident Of
112, Nemichand Ji Ka Baghicha Ward No. 20, Bhawani Mandi P.s.
Bhawani Mandi Distt. Jhalawar (Raj.)
                                                                     ----Petitioner
                                    Versus
1.     The   State     Of       Rajasthan,      Through          Secretary,   Home
       Department,       Government            Of     Rajasthan,       Secretariat,
       Jaipur.
2.     Superintendent Of Police, District Jhalawar, Rajasthan.
3.     Station House Officer, Police Station Bhawani Mandi,
       District Jhalawar, (Rajasthan).
4.     Additional Director General Anti Human Trafficking Unit,
       Jaipur (Rajasthan)
                                                                  ----Respondents

For Petitioner(s) : Mr.Pallav Sharma For Respondent(s) : Mr. Rajendra Yadav,GA cum AAG

HON'BLE MR. JUSTICE BIRENDRA KUMAR HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

20/01/2023

Heard the parties.

The wife of the petitioner alongwith her two children were

missing from the house when the petitioner had undergone brain

surgery. The petitioner on regaining consciousness lodged a

missing person report with the police, however the police has not

ensured recovery of the missing persons.

(2 of 2) [HC-22/2023]

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."

Since the petitioner has not stated that missing persons are

in illegal detention, we are not inclined to entertain this habeas

corpus petition.

Accordingly, the instant petition stands dismissed. However,

State-respondents including the investigating officer of the case

are directed to ensure early recovery of the missing persons.

(ANIL KUMAR UPMAN),J (BIRENDRA KUMAR),J

ashu /3

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