Dismissed

Dewa Ram v. State of Rajasthan

Rajasthan HC19 Oct 2023HC/267/2023

Case brief

AI extract

What is this about?

Petitioner filed a habeas corpus petition alleging abduction and illegal detention of his missing son by private respondents. The High Court noted police investigation concluded the son left his home voluntarily after a quarrel and was not in illegal detention of the accused. Consequently, the court found no case for issuance of the writ.

What did the court decide?

Habeas corpus petition dismissed with direction to police to continue investigation into FIR No.160/2023.

Dewa Ram Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2023)

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[2023:RJ-JD:35987-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 267/2023

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Dewa Ram S/o Poorna Ram, Aged About 55 Years, R/o Sadolaniyo Ka Tala, PS Sadar Barmer, Barmer, Raj.

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----Petitioner

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Versus

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State of Rajasthan, through Secretary, Department of Home Affairs, Govt. of Rajasthan, Jaipur.

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Superintendent of Police, Barmer.

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S.H.O. Police Station, Sadar Barmer.

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Gena Ram S/o Hanuman Ram, R/o Sarli, PS Sadar Barmer, Barmer, Raj.

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Chanani W/o Khartha Ram, R/o Sadulaiyo Ka Tala, PS Sadar Barmer, Barmer, Raj.

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Nand Ram S/o Unknown, R/o Sanawda, Sadar Barmer, Barmer, Raj.

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Champa Devi W/o Nand Ram, R/o Sanawda, Sadar Barmer, Barmer, Raj.

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Joga Ram S/o Nand Ram, R/o Sanawda, Sadar Barmer, Barmer, Raj.

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----Respondents

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For Petitioner : Mr. I.R. Choudhary For Respondent Nos.1 to 3 : Mr. M.A. Siddiqui, GA-cum-AAG with Mr. Rohit Mutha

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Present in person : Mr. Kishan Singh, SHO, P.S. Sadar Barmer, Distt. Barmer

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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19/10/2023

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1. This habeas corpus petition has been filed by the petitioner alleging that his son aged about 24 years is missing since 04^th /05^th May, 2023 and in relation to that he has lodged the FIR

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(2 of 3)

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[2023:RJ-JD:35987-DB]

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[HC-267/2023]

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No.160/2023 at Police Station Sadar Barmer, District Barmer for the offencs punishable under Sections 365 and 323 of IPC against the private respondent Nos.4 to 8. It is further alleged in this habeas corpus petition that despite the fact that son of the petitioner was abducted by the private respondent Nos.4 to 8 and he is in their illegal detention, the police are not making sincere efforts to trace out him.

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2. Pursuant to the direction given by this Court, learned GA-cum-AAG has submitted the factual reports from time to time, wherein it is mentioned that as per the police investigation in the above mentioned FIR lodged by the petitioner, son of the petitioner left his house in the intervening night of 04^th and 05^th May, 2023 after having quarrel with his wife. It is also mentioned that at the time when the son of the petitioner left his house, he was injured.

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3. It is mentioned in the latest factual report dated 19.10.2023 that the police are making sincere efforts to trace out the son of the petitioner but till date he has not been traced out.

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4. Learned GA-cum-AAG has submitted that the police have thoroughly interrogated the private respondent Nos.4 to 8 and come to the conclusion that son of the petitioner is not in their illegal detention, however, there is all possibility that son of the petitioner, after quarreling with his wife, left his house in the injured condition but at present he is not in the illegal detention of the private respondent Nos.4 to 8.

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5. Taking into consideration the above facts and circumstances of the case particularly the fact that the police have already

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(3 of 3)

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[2023:RJ-JD:35987-DB]

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[HC-267/2023]

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concluded that the son of the petitioner is not in illegal detention of the private respondent Nos.4 to 8, we don’t find any case for issuance of writ of habeas corpus.

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6. Hence, this habeas corpus petition is disposed of with a direction to the police to continue with the investigation into the FIR No.160/2023 of Police Station Sadar Barmer, District Barmer lodged by the petitioner and complete the investigation at the earliest.

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7. The factual report dated 19.10.2023 be taken on record.

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(MADAN GOPAL VYAS),J

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(VIJAY BISHNOI),J

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Abhishek Kumar S.No.34

Dewa Ram v. State of Rajasthan

Case brief

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Dewa Ram v. State of Rajasthan

Case brief

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