The High Court rejected a habeas corpus petition filed by Rameshwar Lal regarding his missing wife and children. The court held that jurisdiction could not be invoked as the family was reportedly missing from Bangalore. It also dismissed the plea as a duplicate of a previously withdrawn petition.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 82/2019
Rameshwar Lal S/o Arjun Ram, Aged About 34 Years, By Caste Prajapat R/o Kakriya Chowk, Ward No. 19, Nokhamadi District Bikaner, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. S.K. Verma For Respondent(s) : Mr. Farzand Ali, AAG-cum-GA Mr. Gaurav, Ct. No.1933 Police Station Panchu, Bikaner
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment / Order
13/05/2019
Earlier a habeas corpus petition being D.B. Habeas Corpus Petition No.90/2018 was filed by the petitioner with the very same prayers, which are made in the instant Habeas Corpus. The same was got dismissed by withdrawal on 24.08.2018.
Manifestly, the petitioner’s own case as set up in the application submitted to the SHO, Police Station Panchu, Bikaner
(2 of 2)
[HC-82/2019]
is that his wife Smt. Sushila took her two children with her and went missing from the matrimonial home at Bangalore. Apparently thus, the jurisdiction of the Rajasthan High Court can not be invoked so as to direct search of the allegedly missing person. That apart when an earlier habeas corpus petition with the same prayer has already been rejected, the petitioner cannot be allowed to pursue the same remedy repeatedly. Accordingly, we find no merit in the instant habeas corpus petition which is rejected as such.
(VINIT KUMAR MATHUR),J
(SANDEEP MEHTA),J
13-1/Sudhir Asopa
2 issues framed by the court
Whether the High Court can invoke jurisdiction to direct a search when the missing persons are allegedly in Bangalore.
Whether the petitioner can be allowed to file a repeated habeas corpus petition with the same prayers after an earlier one was dismissed.
Rameshwar Lal
State Of Rajasthan
The Superintendent Of Police, Bikaner
The Station House Officer, P.s. Panchu
The Station House Officer, P.s. Nokha
Rajgiri Swami
Sandeep Mehta
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
