This order dismisses a writ of habeas corpus filed by a mother seeking production of her missing son and directions to police for investigation, holding the application misconceived.
Writ of habeas corpus dismissed; no relief granted for production of child.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1195 of 2022
Arising Out of PS. Case No.-240 Year-2022 Thana- MAHARAJGANJ District- Siwan
======================================================
KAUSHALYA DEVI WIFE OF TARINI SINGH R/O VILLAGEBANGARA, P.O.- BANGARA, P.S.- MAHRAJGANJ, DISTRICT- SIWAN
... ... Petitioner/s
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : Mr.Kundan Kumar Sinha For the Respondents : Mr. P.N. Sharma (AC to AG)
====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
and HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH)
4 15-11-2022 The petitioner has a grievance that her son has gone missing since 30.07.2022, in respect of which, an FIR has been registered on 03.08.2022 vide Maharajganj P.S. No. 240 of 2022. This writ petition has been filed seeking direction to the respondent State Authorities to produce the corpus of her son.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. WJC No.1195 of 2022(4) dt.15-11-2022 2/2
has submitted that despite all efforts made by the petitioner, her son could not be found out and the police administration has also not taken up the said case registered by the petitioner seriously for investigation.
After having perused the pleadings in the writ petition and considered the submissions made on behalf of the petitioner, we are of the view that this writ application seeking issuance of a writ in the nature of writ of habeas corpus is misconceived. No relief as sought in the writ petition for production of the child before this court by the authorities can be given.
It goes without saying that as the petitioner’s grievance touches disappearance of her son, the investigating agency is expected to take up the investigation with all seriousness by bringing the case to a logical conclusion.
This application stands disposed of with the aforesaid observation.
(Chakradhari Sharan Singh, J)
(Chandra Prakash Singh, J)
Pawan/-
U
2 issues framed by the court
Whether a writ of habeas corpus can be issued to direct authorities to produce a missing child.
Whether the court can direct police to take up investigation seriously in a disappearance case.
Kaushalya Devi Wife of Tarini Singh
The State of Bihar Through Director General of Police, Bihar
The Deputy Director General of Police, Saran Range
The District Magistrate, Siwan
The Superintendent of Police, Siwan
The Deputy Superintendent of Police, Maharajganj
Chakradhari Sharan Singh
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
