Petitioner filed a habeas corpus petition for production of his missing son alleging illegal detention. The court found the missing report indicated intentional elopement and marriage, not illegal confinement, dismissing the petition.
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[HC-43/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 43/2022
Narpat Singh S/o Shri Mohan Singh Ji, Aged About 54 Years, By Caste Dangi, R/o Badla Ka Jao, Nayapura, Mandore, Jodhpur (Raj.).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Amar Singh For Respondent(s) : Mr. Anil Joshi, GA cum AAG (Incharge)
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
02/03/2022
Heard learned counsel for the petitioner and learned AAG. Perused the material available on record.
The petitioner has filed the instant habeas corpus petition seeking direction for production of his allegedly missing son Shri Ranjeet Singh in this Court claiming that the boy is illegally detained.
A perusal of the missing person report (Annexure-1) filed with the petition clearly indicates that Shri Ranjeet Singh has eloped with his own cousin sister Mst. “S” and both have married each other as mentioned in para 2 of the report. Obviously thus,
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[HC-43/2022]
the contents of the missing person report do not indicate that Shri Ranjeet Singh is illegally confined. It is a matter of intentional elopement of Shri Ranjeet Singh with his cousin sister.
Hence, there is no reason to entertain this petition. The habeas corpus petition is therefore, dismissed.
(VINOD KUMAR BHARWANI),J
(SANDEEP MEHTA),J
48-RP/-
2 issues framed by the court
Whether a habeas corpus petition seeking production of a missing person who eloped and married is maintainable.
Whether the missing person report indicates illegal confinement or intentional elopement.
Narpat Singh
The State Of Rajasthan
The Commissioner Of Police, Jodhpur
The Station House Officer, Police Station Mandore
SANDEEP MEHTA
VINOD KUMAR BHARWANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
