Habeas corpus petition filed alleging illegal detention of a missing girl of eighteen. Court found no evidence of illegal detention after reviewing police report and held it to be a missing person case, directing police to intensify search and dispose of petition.
Habeas corpus petition disposed of; police directed to intensify search.
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[2023:RJ-JD:40948-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 375/2023
Khiyan Khan S/o Bheraji Khan, Aged About 50 Years, Village Palasani, Police Station Dangiyawas, D I S T R I C T Jodhpur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Dinesh Bishnoi For Respondent(s) : Mr. M.A. Siddiqui, AAG
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN
Judgment / Order
28/11/2023
This habeas corpus petition is filed by the petitioner alleging therein that his daughter is missing since 06.10.2023 and in relation to that, a missing person report was lodged by him at Police Station, Dangiyawas, District Jodhpur, East. It is alleged that the police are not investigating into the matter and the petitioner is apprehended that his daughter is in illegal detention of respondent No.6.
[2023:RJ-JD:40948-DB]
[HC-375/2023]
(2 of 2)
Learned AAG has submitted the factual report, wherein it is mentioned that the daughter of the petitioner is around 19 years of age, she left her house on 06.10.2023 and in relation to that, a missing person report has been lodged, in which, investigation is going on. Learned AAG has further submitted that the police have interrogated the respondent No.6 thoroughly, who is running a kirana shop in village Bilara, however, during the course of interrogation, the police found that the corpus is not in illegal detention of respondent No.6.
Learned AAG has also submitted that the investigation into the missing person report is going on and the police will make every effort to search the petitioner’s daughter.
Taking into consideration the overall facts and circumstances of the case, we are of the opinion that it is not a case of illegal detention, but a case of missing person. The police is expected to intensify its search to trace out the corpus and investigate the matter thoroughly in the missing person report lodged at the instance of the petitioner.
In view of the above, this habeas corpus petition is disposed of.
The factual report is taken on record.
(MUNNURI LAXMAN),J
(VIJAY BISHNOI),J
82-DivyaTak/-
1 issue framed by the court
Whether the petitioner's daughter is in illegal detention or merely a missing person.
Khiyan Khan
The State Of Rajasthan
The Superintendent Of Police, Jodhpur (East)
The Deputy Superintendent Of Police, District Jodhpur
The Station House Officer, P. S . Dangiyawas
Ravina Bano
Vijay Bishnoi
Munnuri Laxman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
