Khiyan Khan vs The State Of Rajasthan ...
2023 Latest Caselaw 10145 Raj

Rajasthan High Court - Jodhpur

Khiyan Khan vs The State Of Rajasthan ... on 28 November, 2023

Author: Vijay Bishnoi

Bench: Vijay Bishnoi

[2023:RJ-JD:40948-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
              D.B. Habeas Corpus Petition No. 375/2023

Khiyan Khan S/o Bheraji Khan, Aged About 50 Years, Village
Palasani, Police Station Dangiyawas, D I S T R I C T Jodhpur.
                                                                       ----Petitioner
                                       Versus
1.       The State Of Rajasthan, Through The Secretary, Ministry
         Of Home Affairs, Government Of Rajasthan, Jaipur.
2.       The Superintendent Of Police, Jodhpur (East).
3.       The Deputy Superintendent Of Police, District Jodhpur.
4.       The Station House Officer, P. S . Dangiyawas, District
         Sanchore.
5.       Ravina Bano D/o Khiyan Khan, Aged About 19 Years,
         Village    Palasani,      Police      Station       Dangiyawas,     District
         Jodhpur.
6.       Mahendra Seervi S/o Jagdish Seervi, Village Palasani,
         Police Station Dangiyawas, District Jodhpur.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Dinesh Bishnoi
For Respondent(s)            :     Mr. M.A. Siddiqui, AAG



             HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE MUNNURI LAXMAN

Judgment / Order

28/11/2023

This habeas corpus petition is filed by the petitioner alleging

therein that his daughter is missing since 06.10.2023 and in

relation to that, a missing person report was lodged by him at

Police Station, Dangiyawas, District Jodhpur, East. It is alleged

that the police are not investigating into the matter and the

petitioner is apprehended that his daughter is in illegal detention

of respondent No.6.

[2023:RJ-JD:40948-DB] (2 of 2) [HC-375/2023]

Learned AAG has submitted the factual report, wherein it is

mentioned that the daughter of the petitioner is around 19 years

of age, she left her house on 06.10.2023 and in relation to that, a

missing person report has been lodged, in which, investigation is

going on. Learned AAG has further submitted that the police have

interrogated the respondent No.6 thoroughly, who is running a

kirana shop in village Bilara, however, during the course of

interrogation, the police found that the corpus is not in illegal

detention of respondent No.6.

Learned AAG has also submitted that the investigation into

the missing person report is going on and the police will make

every effort to search the petitioner's daughter.

Taking into consideration the overall facts and circumstances

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

detention, but a case of missing person. The police is expected to

intensify its search to trace out the corpus and investigate the

matter thoroughly in the missing person report lodged at the

instance of the petitioner.

In view of the above, this habeas corpus petition is disposed

of.

The factual report is taken on record.

                                   (MUNNURI LAXMAN),J                                           (VIJAY BISHNOI),J
                                    82-DivyaTak/-









Powered by TCPDF (www.tcpdf.org)