Dismissed

Pooja Kumari Yadav v. State of Rajasthan

Rajasthan HC1 Nov 2023HC/331/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed a habeas corpus petition filed by the mother and husband of a missing woman. The court held the matter pertains solely to a missing person case, not illegal detention, and thus a writ is not appropriate, though it directed police to continue tracking efforts.

What did the court decide?

The habeas corpus petition is dismissed; police directed to continue efforts to trace the corpus pursuant to Missing Person Report No.15/2022.

Pooja Kumari Yadav Vs State of… — Constitutional and Fundamental Rights | Rajasthan HC (2023)

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[2023:RJ-JD:36979-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Habeas Corpus Petition No. 331/2023

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Pooja Kumari Yadav D/o Shri Mahant Yadav, Aged About 20 Years, Resident of Indira Colony, Tehsil Ahore, District Jalore, Rajasthan.

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Mahant Yadav S/o Shri Chuman Yadav, Aged About 54 Years, Resident of Panchayat Samiti Ahore, District Jalore, Rajasthan.

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----Petitioners

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Versus

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1. State of Rajasthan, through Secretary, Department of Home Affairs, Government of Rajasthan, Jaipur.

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The Superintendent of Police, Jalore, Rajasthan.

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The SHO, Police Station, Ahore, District Jalore, Rajasthan.

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----Respondents

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For Petitioner(s)	: Mr. Kuldeep Singh Solanki for Mr. Manish Patel
For Respondent(s)	: Mr. M.A. Sddiqui, GA-cum-AAG with Mr. Rohit Mutha
Present in person	: Mr. Champaram, S.I.,
	SHO, P.S. Ahore, District Jalore

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN Order

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01/11/2023

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1. This habeas corpus petition has been filed by the petitioners mentioning that mother of the petitioner No.1 and wife of petitioner No.2 is missing since 01.03.2022 and in relation to that, a Missing Person Report No.15/2022 has also been lodged at the instance of petitioner No.2 at Police Station Ahore District Jalore on 05.03.2022. It is alleged that the police are not making serious efforts to trace out the corpus.

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2. Heard learned counsel for the parties and perused the above mentioned missing person report lodged at the instance of petitioner No.2 on 05.03.2022.

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(2 of 2)

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[2023:RJ-JD:36979-DB]

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[HC-331/2023]

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3. It is noticed that in this habeas corpus petition as well as in the missing person report lodged at the instance of the petitioner No.2, the petitioners have not alleged that the corpus is kidnapped/abducted by anybody and at present she is in illegal detention of anybody.

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4. Learned GA-cum-AAG has also furnished the factual report dated 31.10.2023, wherein the efforts carried out by the police to trace out the corpus, pursuant to the above mentioned missing person report lodged at the instance of the petitioner No.2 on 05.03.2022, are mentioned.

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5. We are of the view that it is not a case of illegal detention but only a case of missing person.

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6. In such circumstances, we don’t find any case for issuance of writ of habeas corpus.

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7. Hence, this habeas corpus petition is dismissed.

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8. However, the police are directed to continue its efforts to trace out the corpus pursuant to the Missing Person Report No.15/2022 lodged at the instance of petitioner No.2 at Police Station Ahore District Jalore on 05.03.2022.

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9. The factual report dated 31.10.2023 be taken on record.

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(MUNNURI LAXMAN),J

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(VIJAY BISHNOI),J

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Abhishek Kumar S.No.83

Pooja Kumari Yadav v. State of Rajasthan

Case brief

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Pooja Kumari Yadav v. State of Rajasthan

Case brief

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