Appu Ebne Aziz v. State of Jharkhand And Ors.
Case brief
What is this about?
Missing-person writ, Jharkhand High Court, Ranchi; prayer to trace out victim of Kotwali P.S. Case No. 110 of 2012; victim Ataullah Aziz missing since 25.01.2012, alleged abduction with intention to commit murder; charge sheet under sections 364 and 120B IPC; trial under section 364 IPC in progress; counter affidavit by State; court view that non-recovery of dead body keeps s.364 IPC in operation and recovery attracts s.302 IPC; no tracing direction issued; writ dismissed; Justice Ambuj Nath; November 2025.
What did the court decide?
Given that the accused persons are facing trial under section 364 of the Indian Penal Code and that, despite all efforts by the prosecution, the victim could not be traced out, no order directing the respondents to trace out the victim needs to be passed. ¶26