The High Court found the D.B. Habeas Corpus petition not maintainable as the petitioner had already initiated and is continuing proceedings under Sections 97 and 98 of the Cr.P.C. The petition was dismissed accordingly.
Petition dismissed as not maintainable due to pending proceedings under Sections 97 and 98 Cr.P.C.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Habeas Corpus Petition No. 186/2021
Sandeep Kumar Son Of Shri Subhash Chandra, Aged About 29 Years, Resident Of Ward No. 10, Mishra Wali Dhani, Tehsil Nawalgarh, District Jhunjhunu (Raj.) (Husband Of Abducted Women)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Sunil Kumar Saini through VC For Respondent(s) : Mr. Mangal Singh Saini, AGA
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA (V.J.) HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA (V.J.)
Order
18/06/2021
Heard learned counsel for the petitioner.
(2 of 2)
[HC-186/2021]
Petitioner, prior to this petition, had initiated proceedings u/s 97 and 98 of Cr.P.C. which is pending till today, so, this petition is not maintainable.
Dismissed.
(CHANDRA KUMAR SONGARA (V.J.)),J (NARENDRA SINGH DHADDHA (V.J.)),J
Brijesh 5.
2 issues framed by the court
Whether the D.B. Habeas Corpus petition is maintainable when proceedings under Sections 97 and 98 Cr.P.C. are already pending.
Whether the pending police proceedings under Cr.P.C. Section 97 and 98 bar the filing of this habeas corpus petition.
2 provisions across 1 enactments
Sandeep Kumar
State Of Rajasthan
Additional Director General Of Police
The Superintendent Of Police Jhunjhunu
The Station House Officer, Police Station Nawalgarh
Raghunath Prasad
Narendra Singh Dhaddha
Chandra Kumar Songara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
