This D.B. habeas corpus petition seeking the whereabouts of the petitioner's missing wife was dismissed as not pressed due to lack of jurisdiction. The petitioner was granted liberty to pursue appropriate remedies elsewhere.
Liberty granted to avail other legal remedies.
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[2023:RJ-JD:29922-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 277/2023
Sajid S/o Shri Shotak, Aged About 25 Years, B/c Muslim, R/o Beldaro Ka Bas, Luni, Tehsil Luni, District Jodhpur. Presently residing at House Of Hamir Khan, Laxmi Nagar, Near Sangariya Fanta, Bhomiya Ji Colony, Salawas Road, Jodhpur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Ms. Saeena Bano For Respondent(s) : Mr. M.A. Siddiqui, AAG-cum-GA Present in person : Mr. Jitendra Singh Rathore, C.I. SHO, P.S. Basni, District Jodhpur West
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
15/09/2023
As per the averments made in this habeas corpus petition and the factual report dated 14.09.2023 produced by learned AAG-cum-GA, it appears that the wife of the petitioner is missing from Gorakhpur, Uttar Pradesh on 08.11.2022.
This Court is of the opinion that since wife of the petitioner is missing from Gorakhpur, Uttar Pradesh, this Court has no jurisdiction to entertain this habeas corpus petition.
Learned counsel for the petitioner has submitted that he does not want to press this habeas corpus petition at this stage,
(2 of 2)
[2023:RJ-JD:29922-DB]
[HC-277/2023]
however, seeks liberty for the petitioner to avail appropriate
remedy available to him under the law.
Hence, this habeas corpus petition is dismissed as not pressed with the liberty as prayed for.
The factual report dated 14.09.2023 be taken on record.
(RAJENDRA PRAKASH SONI),J
(VIJAY BISHNOI),J
Abhishek Kumar S.No.34
1 issue framed by the court
Whether the Court has jurisdiction to entertain a habeas corpus petition regarding the disappearance of the petitioner's wife in a district other than the one where the petition was filed.
Sajid S/o Shri Shotak
The State of Rajasthan
The Superintendent of Police, Jodhpur Rural
The S.H.O., Police Station Basani, Jodhpur
Vijay Bishnoi
Rajendra Prakash Soni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
