In this D.B. habeas corpus petition concerning a missing son, the High Court held that the writ is not maintainable as no illegal detention was alleged. The petition was dismissed, though appropriate legal remedies were left available.
Petition dismissed; petitioner at liberty to pursue appropriate legal remedy.
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. 10/2021
Nathuram S/o Shri Devaram, Aged About 26 Years, Resident Of Rohhicha Khurd, Police Station Luni, District Jodhpur, Presently Residing At - Bijju Bhai Sindhi Ka Makan, Bhhati Ki Bavdi, Police Thana, Chopasani Housing Board, Jodhpur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. O.P. Sangwa Through video conferencing
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
08/01/2021
This habeas corpus petition is preferred by the petitioner, seeking directions to the respondents to trace out his son, who went missing on 21.11.2020.
No illegal detention is alleged in the petition.
The petition seeking writ of habeas corpus is not maintainable.
Dismissed accordingly.
(2 of 2)
[HC-10/2021]
The petitioner shall be at liberty to avail the appropriate remedy available under the law in respect of the grievances raised in the petition.
(RAMESHWAR VYAS),J
(SANGEET LODHA),J
53-Vij/-
1 issue framed by the court
Whether a habeas corpus petition is maintainable when no illegal detention is alleged regarding a missing person.
1 provisions across 1 enactments
Nathuram S/o Shri Devaram
State Of Rajasthan
Commissioner Of Police, Jodhpur
Deputy Commissioner Of Police, Jodhpur (West)
Station House Officer, Police Station- Chopasani Housing Board, Jodhpur (West)
Sangeet Lodha
Rameshwar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
