Dharmveer vs The State Of Rajasthan
2023 Latest Caselaw 894 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Habeas Corpus Petition No. 121/2020

Dharmveer S/o Shri Rampratap, Aged About 40 Years, By Caste Jat, Resident Of Ward No. 6 Talwara Jheel, Tehsil Tibbi, District Hanumangarh.

----Petitioner Versus

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

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

3. The Superintendent Of Police, Hanumangarh.

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

5. Malkit Singh S/o Shrawan Singh, Resident Of Talwara Jheel, Tibb District Hanumangarh.

6. Rajesh Kumar S/o Krishan Kumar, Resident Of Chak 6, K.m Budhwaliya, Rawatsar District Hanumangarh.

7. Gurdas Singh S/o Pahalwan Singh, Resident Of Ward No. 18 Talwara Jheel, Tibbi District Hanumangarh.

8. Dondi S/o Hardev Singh, Resident Of Bharwala Kalla, Tibbi, Talwara, District Hanumangarh.

----Respondents

For Petitioner(s) : Mr. J.K. Haniya

For Respondent(s) : Mr. M.A. Siddiqui, AAG with Mr. A.R.

                                 Malkani

                                 Mr. Rajendra Kumar, ASI, IO, PS
                                 Talwada,     Distt. Hanumangarh,
                                 present in person



             HON'BLE MR. JUSTICE VIJAY BISHNOI
              HON'BLE MR. JUSTICE FARJAND ALI


                                             (2 of 3)                   [HC-121/2020]

                         Judgment / Order

23/01/2023

This habeas corpus petition is filed by the petitioner

alleging that his younger brother is missing since 31.10.2019

and he has apprehension that his younger brother has been

illegally detained by the respondent Nos.5 to 8.

It is noticed that in relation to missing of petitioner's

younger brother on 31.10.2019, a complaint was filed by the

petitioner in the court of Judicial Magistrate, Tibbi on

6.1.2020 alleging that the respondent Nos.5 to 8 had

abducted his younger brother and he is in their illegal

detention.

The police started investigation into the FIR No.26/2020

lodged by the petitioner at Police Station Talwada, Distt.

Hanumangarh.

Pursuant to the directions given by this Court, several

factual reports were furnished by the police and today also,

Mr. M.A. Siddiqui, learned AAG has submitted a factual

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

out the petitioner's younger brother have been mentioned.

The Investigating Officer, present in person, has

submitted that earlier, the IO has concluded that the

respondent Nos.5 to 8 are not involved in abducting the

petitioner's younger brother and he is also agreed with the

conclusion arrived at by the earlier IO.

(3 of 3) [HC-121/2020]

Keeping in view the fact that the police has concluded

that the petitioner's younger brother is not abducted by the

respondent Nos.5 to 8 and he is a drug addict and always

tried to get money for consuming drugs and taking into

consideration the overall facts and circumstances of the case,

we are of the opinion that it is not a case of illegal

confinement, rather a case of missing person.

Since the police is already investigating into the Missing

Person Report No.18/2019, as also continue with the

investigation into the FIR lodged at the instance of the

petitioner at Police Station Talwada, Distt. Hanumangarh, this

habeas corpus petition is disposed of with a direction to the

police to continue with its search to trace out the petitioner's

younger brother and shall make every effort to trace him out.

(FARJAND ALI),J (VIJAY BISHNOI),J

48-msrathore/-

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