Habeas corpus petition regarding a missing father ruled dismissed. Court found it was a missing person case with police making trace efforts, not illegal confinement by respondents.
Petition dismissed; police directed to continue search efforts for the missing person.
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[2023/RJJD/005398]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 53/2019
Suresh Kumar S/o Shri Satpal, Aged About 26 Years, B/c Suthar, Ward No. 1, Rawatsar District Hanumangarh.
----Petitioner
Versus
----Respondents
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(2 of 3)
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Judgment / Order
15/02/2023
This habeas corpus petition is filed by the petitioner alleging therein that his father aged about 55 years is missing since 27.11.2018 and in relation to that, an FIR No.577/2018 was lodged at the instance of petitioner’s uncle at Police Station Rawatsar on 28.11.2018 for the offence under Section 365 IPC against unknown persons, however, the police is not tracing out petitioner’s father and there is apprehension that he may be in illegal confinement of respondent Nos.5 and 6.
Pursuant to the notices issued by this Court, reply has been filed on behalf of respondent Nos.1 to 4 and various factual reports have been furnished from time to time, wherein the efforts carried out by the police to trace out the petitioner’s father have been mentioned.
Learned AAG has submitted that the police has already interrogated the respondent Nos.5 and 6 thoroughly and found that the allegations levelled against them with regard to kidnapping the petitioner’s father and keeping him in illegal confinement are not true. Learned AAG has also submitted that the police is making sincere efforts to trace out the
(3 of 3)
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petitioner’s father, which are elaborated from the factual reports furnished from time to time.
Having heard learned counsel for the parties and after going through the latest factual report, we are of the view that it is not a case of illegal confinement but of a missing person, for which, the police is making efforts to trace out the corpus.
In such circumstances, no case for issuance of writ of habeas corpus is made out. Hence, this habeas corpus petition is dismissed.
However, the police shall continue with the search of the corpus and make every effort to trace him out.
(PRAVEER BHATNAGAR),J
(VIJAY BISHNOI),J
31-msrathore/-
1 issue framed by the court
Whether a writ of habeas corpus should be issued in a case where the alleged missing person is a parent and the court finds it to be a missing person case rather than illegal confinement.
Suresh Kumar
State Of Rajasthan
Director General Of Police, Rajasthan
Superintendent Of Police, Hanumangarh
Station House Officer, Police Station Rawatsar
Subhash
Vijay Bishnoi
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
