Rajasthan High Court - Jodhpur
Banwari Lal vs State Of Rajasthan on 23 January, 2023
Bench: Vijay Bishnoi, Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Habeas Corpus Petition No. 271/2019
Banwari Lal S/o Kolu Ram, Aged About 58 Years, By Caste
Meghwal, Resident Of Village Khinwsar P.s. Bhaleri District
Churu.
----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. Inspector General Of Police, Bikaner Range, Bikaner.
4. The Superintendent of Police, Churu
5. The Station House Officer, Police Station Bhaleri, District
Churu.
6. Ranjeet S/o Bhagwana Ram, By Caste Mali, Resident Of
Village Khinwsar P.s. Bhaleri District Churu.
----Respondents
For Petitioner(s) : Mr. S.R. Godara
For Respondent(s) : Mr. M.A. Siddiqui, AAG with Mr. A.R.
Malkani
Mr. Om Prakash Godara, RPS, CO, PS
Taranagar, Distt. Churu, present in
person
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE FARJAND ALI
Judgment / Order
23/01/2023
This habeas corpus petition is filed by the petitioner
alleging that his daughter-in-law is missing since 14.7.2019
and has not returned thereafter. It is alleged in the petition
(2 of 3) [HC-271/2019]
that the respondent No.6 might have abducted the
petitioner's daughter-in-law and she is in his illegal
confinement.
In relation to the missing of petitioner's daughter-in-law,
an FIR was lodged against the respondent No.6, which was
registered at Police Station Bhaleri, Distt. Churu as FIR
No.82/2019 for the offences under Section 366 IPC and
Sections 3(1)(r)(s), 3(2)(va) of the SC/ST (Prevention of
Atrocities) Act. The police, after thorough investigation in the
matter, has found that the petitioner's daughter-in-law had
contacted with the respondent No.6 on mobile phone on
14.7.2019 and at that time, the respondent No.6 was residing
in Maharashtra. The police has also found that the petitioner's
daughter-in-law has boarded a bus from Churu to
Ahmedabad on 14.7.2019 and reached Ahmedabad on the
next day and, thereafter, her whereabouts are not known.
The police has submitted several factual reports from time to
time, wherein the efforts carried out to trace out the
petitioner's daughter-in-law have been mentioned.
As per the directions given by this Court, the police has
also obtained UID details regarding Aadhar Card of the
petitioner's daughter-in-law, however, as per the factual
report of the police, no up-gradation has been found in her
Aadhar Card.
Having regard to the overall the facts and circumstances
of the case and after going through the various factual
(3 of 3) [HC-271/2019]
reports, as also the latest one submitted by the police, we are
of the opinion that it is a case of missing person and not of
illegal confinement because the police, after thorough
investigation, has already granted clean-chit to the
respondent No.6 and has filed a negative final report in the
FIR No.82/2019 filed by the petitioner against the respondent
No.6.
In view of the above, this habeas corpus petition is
disposed of with a direction to the police to continue with the
search of the petitioner's daughter-in-law in the Missing
Person Report No.6/2019 and shall make every effort to trace
her out.
(FARJAND ALI),J (VIJAY BISHNOI),J
47-msrathore/-
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