Dismissed

Smt. Janki Devi Wife of Shri Jagat Singh v. State of Rajasthan through Home Secretary

Rajasthan HC3 Nov 2018HC/238/2018

Case brief

AI extract

What is this about?

A habeas corpus petition filed by a woman seeking recovery of her missing son was dismissed on the ground that the writ is not an instrument for missing persons cases. The court granted liberty for alternative remedies but directed police to trace the missing person.

What did the court decide?

Petitioner granted liberty to take other remedy; Police directed to trace missing son.

Smt. Janki Devi Wife of Shri Jagat Singh Vs State… — Writ and Judicial Review | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Habeas Corpus No. 238/2018

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Smt. Janki Devi Wife Of Shri Jagat Singh, Aged About 45 Years, Resident Of B-296, Residency Colony, Chatrala Circle, Sitapura, Industrial Area, Jagatpura, Jaipur (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan Through Home Secretary, Government Of Rajasthan, Secretariat, Jaipur (Raj.)

¶7

Director General Of Police, Police Headquarter, Jaipur (Raj.)

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Additional Director General Of Police, Anti Human Trafficking Unit, Jaipur (Raj.)

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Additional Commissioner Of Police, Jaipur City South, Jaipur (Raj.)

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S.H.O. Of Police Station Sanganer Sadar, Jaipur (Raj.)

¶11

----Respondents

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For Petitioner(s) : Mr. Mahendra Singh Gothwal For Respondent(s) : Mr. Pankaj Sisodiya, AGA for Mr. B.N. Sandu, AAG

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HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE BANWARI LAL SHARMA

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Order

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03/11/2018

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This habeas corpus petition has been filed after lodging a missing report of petitioner’s son Ravindra. It is stated that police is not recovering his son, thus petitioner was left with no option but to file habeas corpus petition.

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We have considered the submission made by learned counsel for the petitioner and perused the record.

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(2 of 2)

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[HC-238/2018]

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Petition has not been filed alleging illegal detention of Ravindra, rather, for his missing. Heabeas corpus petition cannot be taken as an instrument to seek recovery of a missing person. If police fails to make efforts to recover petitioner’s son, petitioner should have taken suitable remedy. In view of the aforesaid, Habeas corpus petition is dismissed but with liberty to take other remedy, as is available to the petitioner.

¶21

The dismissal of this petition would not come in their way to take other legal recourse.

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Police officials are, however, expected to trace out petitioner’s son Ravindra at the earliest.

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(BANWARI LAL SHARMA),J

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(M.N. BHANDARI),J

¶25

S. Kumawat/58

Smt. Janki Devi Wife of Shri Jagat Singh v. State of Rajasthan through Home Secretary

Case brief

What is this about?

What did the court decide?

Smt. Janki Devi Wife of Shri Jagat Singh v. State of Rajasthan through Home Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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