Dismissed

Hardev Singh Son of Shri Gulla Ram v. State of Rajasthan

Rajasthan HC18 Oct 2022HC/325/2022

Case brief

AI extract

What is this about?

High Court dismissed a Habeas Corpus petition regarding a missing daughter. The court held that without an allegation of illegal detention or strong suspicion thereof, Constitutional Courts cannot entertain such petitions, referencing precedent from the Chhattisgarh High Court.

What did the court decide?

Petitioner free to approach concerned Court to inquire about progress of Missing Person Report.

Hardev Singh Son of Shri Gulla Ram Vs State of Rajasthan — Rajasthan HC (2022) — LawSathi Research

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Habeas Corpus Petition No. 325/2022

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Hardev Singh Son Of Shri Gulla Ram, Aged About 66 Years, Resident Of Ward No. 11, Dhani Thakur Singh Wali Tan Kalyanpura, Police Station And Tehsil Shrimadhopur, District Sikar (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Home, Govt. Of Rajasthan, Secretariat, Jaipur.

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The Additional Director General Of Police, Anti Human Trafficking Unit, Jaipur (Rajasthan)

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Superintendent Of Police, Sikar, District Sikar (Raj.)

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S.h.o. Police Station Shrimadhopur, District Sikar (Rajasthan).

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Balram Son Of Kaluram Bajiya, Resident Of Math Dulhepura, Tehsil Khandela, District Sikar (Raj.)

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----Respondents

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For Petitioner(s) : Pt. Shri Ram Joshi For State : Mr. N.S. Gurjar, AGA

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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18/10/2022

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Petitioner has preferred this Habeas Corpus Petition seeking production of the corpus who happens to be his daughter.

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It is contended by counsel for the petitioner that daughter of the petitioner who is a major left the home along with cash amount of Rs.35,000/- and other ornaments. A Missing Person Report dated 06.09.2022 has been lodged with the Police Station Shrimadhopur, District Sikar.

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(2 of 3)

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[HC-325/2022]

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We have considered the contentions and have perused the Missing Person Report. 4. From perusal of the Missing Person Report, it is evident that there is no allegation with regard to illegal detention.

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Matter pertaining to missing person report came up before the High Court Chattisgarh in “Smt. Jaymati Sahu Vs. State of Chattisgarh and Ors.” (WPHC No.8/2019) decided on 22.04.2022. High Court of Chattisgarh has observed in Para-14 as under:-

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“Thus, the constitutional Courts across the country predominantly held in catena of judgments that establishing a ground of "illegal detention"and a strong suspicion about any such "illegal detention" is a condition precedent for moving a Habeas Corpus petition and the Constitutional Courts shall not entertain a Habeas Corpus petition, where there is no allegation of "illegal detention" or suspicion about any such "illegal detention". Cases of missing persons cannot be brought under the provision of the Habeas Corpus petition. Cases of missing persons are to be registered under the regular provisions of the Indian Penal Code and the Police officials concerned are bound to investigate the same in the manner prescribed under the Codeof Criminal Procedure. Such cases are to be dealt as regular cases by the competent Court of Law and the extraordinary jurisdiction of the Constitutional Courts cannot be invoked for the purpose of dealing with such cases of missing persons.”

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Since, petitioner’s daughter is a major and the missing person report prima-facie does not disclose that there is an illegal

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(3 of 3)

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[HC-325/2022]

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detention, we are not inclined to entertain the habeas corpus petition in light of the judgment of Smt. Jaymati Sahu (supra). 7. Accordingly, present Habeas Corpus Petition stands disposed.

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However, petitioner is free to approach the concerned Court to inquire about the progress of the Missing Person Report.

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(SAMEER JAIN),J

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(PANKAJ BHANDARI),J

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AMIT/47

Hardev Singh Son of Shri Gulla Ram v. State of Rajasthan

Case brief

What is this about?

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Hardev Singh Son of Shri Gulla Ram v. State of Rajasthan

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