Vela Ram vs State Of Rajasthan ...
2023 Latest Caselaw 980 Raj

[2023/RJJD/002014]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Habeas Corpus Petition No. 15/2023

Vela Ram S/o Dana Ram, Aged About 39 Years, Resident Of Bhanwrani, Ahore, Nosra, Jalore, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Home, Government Of Rajasthan, Jaipur.

2. Superintendent Of Police, Jalore, Rajasthan.

3. Station House Officer, Police Station Nosra, District Jalore, Rajasthan.

4. Achala Ram S/o Hansaji Chaudhary, Resident Of Aipura, Jalore.

5. Bhanwar Lal S/o Teja Ram Choudhary, Resident Of Aipura, Jalore.

----Respondents

For Petitioner(s) : Mr. Arpit Samariya, Mr. Naresh Bishnoi

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

Malkani

Mr. Narendra Panwar, CI, SHO PS Nosra, Distt. Jalore, present in person

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

[2023/RJJD/002014] (2 of 3) [HC-15/2023]

Judgment / Order

24/01/2023

This habeas corpus petition is filed by the petitioner

alleging that his wife has left her matrimonial house on

11.5.2022 and did not return after a lapse of long time. It is

stated in the petition that the petitioner has lodged a Missing

Person Report on 13.5.2022 at Police Station Nosra, Distt.

Jalore, however, the police is not tracing out the corpus and

as per him, his wife is in illegal confinement of respondent

Nos.4 and 5.

After receiving the Missing Person Report, the police

started investigation and during the course of investigation, it

is revealled that on 11.5.2022, the petitioner was residing

with his wife and children at village Bawal, Haryana and his

wife gone missing from there only. The police has recorded

supplementary statement of the petitioner, wherein he has

admitted that his wife is missing since 11.5.2022 from village

Bawal, Haryana and not from village Bhanvrani, Distt. Jalore.

During the course of investigation, the police has also

recorded statement of the person, in whose house, the

petitioner and his family was residing in village Bawal,

Haryana and he has also confirmed that the petitioner's wife

is missing from village Bawal, Haryana.

It is to be noticed that in the Missing Person Report also,

the petitioner has nowhere alleged that his wife has been

[2023/RJJD/002014] (3 of 3) [HC-15/2023]

abducted by anybody or she is in illegal detention.

Admittedly, the petitioner's wife is major and she got missing

from Haryana on 11.5.2022.

In such circumstances, we are of the view that this

habeas corpus petition is not maintainable before this Court,

which is dismissed as such.

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

58-msrathore/-

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