High Court dismissed a D.B. habeas corpus petition alleging failure to trace a missing minor daughter. The Court found the Police were actively searching and disposed of the petition with a direction to expedite investigation.
Petition disposed. Police directed to continue investigation and expedite search of the corpus and suspect.
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[2024:RJ-JD:4408-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Habeas Corpus Petition No. 248/2022
Shankar Singh S/o Ganesh Singh, Aged About 60 Years, By Caste Rawna Rajput, Resident Village Kurki, Police Station Raas, Tehsil Jaitaran, District Pali.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : | Mr. Awar Dan Ujjwal |
|---|---|---|
| For Respondent(s) | : | Mr. M. A. Siddiqui, GA-cum-AAG Mr. Mukesh Rajpurohit |
| Present in person | : | Mr. Om Prakash, SI, SHO |
| PS Raas, District Beawar |
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
29/01/2024
1. The Aadhar card details of the suspect as well as the corpus have already been supplied to the Police and the Police have investigated the matter further.
2. The Investigating Officer, present in person, has submitted that the Police have carried out intensive search to trace out the corpus as well as the suspect, but till date, their whereabouts are not known. It is further submitted that a Police team went to
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southern States, where some of the relatives and known persons of the suspect are residing, but no clue was found from there. It is also submitted that a Police team has been sent to Madhya Pradesh and Kota and the said team is still in Kota to search out the corpus as well as the suspect.
3. The instant habeas corpus petition was filed in August, 2022 alleging that the petitioner’s daughter is missing since 26.04.2022 and in relation to that, an FIR has been lodged at Police Station Raas, District Beawar against the suspect and the Police are not making serious efforts to trace out the corpus. As per the petitioner, the date of birth of the corpus is 18.08.2005 and at the time of filing of the instant petition, she was minor. It appears that now, the corpus has attained majority.
4. We have gone through the factual reports filed by the Police from time to time, wherein the efforts carried out by the Police to trace out the corpus have been mentioned.
5. Having gone through the factual reports, we are of the view that the Police are making serious efforts to trace out the corpus. 6. In the overall facts and circumstances of the case, we are of the view that there is no point in keeping the instant habeas corpus petition pending and the same may be disposed of with a direction to the Police to continue with the investigation and make serious efforts to trace out the corpus and the suspect at the earliest.
7. Hence, the instant habeas corpus petition is disposed of. The Police are directed to continue with the investigation into the FIR lodged at the instance of the petitioner and conclude the
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investigation expeditiously while continuing with the search of the corpus and the suspect.
(MUNNURI LAXMAN),J
(VIJAY BISHNOI),J
22-Ajaysingh/-
2 issues framed by the court
Whether to maintain the pending habeas corpus petition regarding the missing minor daughter.
Whether the Police have made sufficient efforts to trace the missing girl and the suspect.
Shankar Singh
State Of Rajasthan
Superintendent Of Police, Pali
Station House Officer, Police Station Raas
Ramdev
VIJAY BISHNOI
MUNNURI LAXMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
