Dismissed

Krishan Kumar Son of Gopal Lal v. State of Rajasthan

Rajasthan HC5 Jan 2023HC/8/2023

Case brief

AI extract

What is this about?

The Rajasthan High Court dismissed a habeas corpus petition filed by a citizen to produce his wife, who was classified as a missing person. The Court held that without allegations of illegal detention, the extraordinary jurisdiction of constitutional courts cannot be invoked under habeas corpus, directing the petitioner to approach the regular police court for investigation.

What did the court decide?

No relief granted; petitioner directed to approach concerned Court regarding the progress of the Missing Person Report.

Krishan Kumar Son of Gopal Lal Vs… — Constitutional and Fundamental Rights | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Habeas Corpus Petition No. 8/2023

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Krishan Kumar Son Of Gopal Lal, Aged About 34 Years, R/o A- 49, Mount Road, Harijan Basti, Brahmpuri By Pass, Jaipur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Department Of Home, Government Of Rajasthan, Secretariat Jaipur.

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Commissioner Of Police, Jaipur.

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Station House Officer, P.s. Nahargarh, Jaipur City North.

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The Additional Director General Of Police, Anti Human Trafficking Unit, Jaipur.

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Buriya, Unknown Person

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----Respondents

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For Petitioner(s) : Mr. Suresh Kumawat for Mr. Ram Awtar Sharma For Respondent(s) : Mr. G.S. Rathore GA cum AAG

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BIRENDRA KUMAR Order

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05/01/2023

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

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We have perused the Missing Person Report.

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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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(2 of 2) [HC-8/2023]

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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 wife is a major and the missing person report prima-facie does not disclose that there is an illegal detention, we are not inclined to entertain the habeas corpus petition in the light of judgment of Smt. Jaymati Sahu (supra). 6. Accordingly, present Habeas Corpus Petition stands disposed of.

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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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(BIRENDRA KUMAR),J

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(PANKAJ BHANDARI),J

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CHANDAN /76

Krishan Kumar Son of Gopal Lal v. State of Rajasthan

Case brief

What is this about?

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Krishan Kumar Son of Gopal Lal v. State of Rajasthan

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