In a D.B. Habeas Corpus petition, the High Court held that since the petitioner had filed a missing person report, the proper course was to approach the Magistrate under Section 98 Cr.P.C. Consequently, the court dismissed the petition as an efficacious alternative remedy was available.
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 BENCH AT JAIPUR
D.B. Habeas Corpus Petition No. 324/2022
Ramsahay S/o Shri Kanaram Raigar, Aged About 42 Years, R/o Village Rasulpura, P.s. Chaksu, Tehsil - Chaksu, District - Jaipur, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Pallav Choudhary Mr. Hemant Kumar Sharma For Respondent(s) : Mr. Sher Singh Mahla, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE SAMEER JAIN
Judgment / Order
19/10/2022
(2 of 2)
[HC-324/2022]
him.
(SAMEER JAIN),J
(PANKAJ BHANDARI),J
ARTI SHARMA /57
1 issue framed by the court
Whether a habeas corpus petition seeking production of a missing person should be entertained when an efficacious alternative remedy exists.
Ramsahay S/o Shri Kanaram Raigar
State Of Rajasthan
Director General Of Police
Additional Director General Of Police
Superintendent Of Police
S.h.o. Police Station
Pankaj Bhandari
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
