Disposed

Danaram v. the State of Rajasthan

Rajasthan HC25 Jan 2024HC/29/2024

Case brief

AI extract

What is this about?

Petitioner alleged his minor sister was missing and in illegal detention of respondent No.4. State's factual report showed an earlier FIR in which the corpus was recovered, produced before CWC, and custody handed to her mother; she went missing again with investigation ongoing. Holding this did not amount to illegal detention, the Division Bench found no case for habeas corpus and disposed of the

What the court decided

AI extract

Danaram Vs the State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

¶1

[2024:RJ-JD:4093-DB]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

D.B. Habeas Corpus Petition No. 29/2024

¶4

Danaram S/o Mohanram, Aged About 20 Years, Maulasar, Tehsil Maulasar, District Deedwana

¶5

----Petitioner

¶6

Versus

¶7

The State Of Rajasthan, Through The Secretary To The Government, Department Of Home Affairs, Jaipur (Rajasthan).

¶8

The Superintendent Of Police, Deedwana-Kuchaman.

¶9

The Station House Officer, Maulasar, Deedwana.

¶10

Manoj Ranwa S/o Mahesh Ranwa, Village Post Dakipura, District Deedwana.

¶11

----Respondents

¶12

For Petitioner(s) : Mr. Sikander Khan For Respondent(s) : Mr. M.A. Siddiqui, GA-cum-AAG with Mr. A.R. Malkani Mr. Sunil Choudhary, SI, SHO, Maulasar, Dist. Deedwana, Kuchaman

¶13

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

¶14

Order

¶15

25/01/2024

¶16

This habeas corpus petition is filed by the petitioner alleging that his minor sister is missing since 19.12.2023 and he has apprehending that she is in illegal detention of respondent No.4.

¶17

It is also stated that in relation to the said incident, a complaint has been filed, however the police are not taking any action and not recovering the petitioner’s minor sister.

¶18

Learned AAG has submitted the factual report, wherein it is mentioned that earlier, on 03.12.2023, the minor sister of the

[2024:RJ-JD:4093-DB]

[HC-29/2024]

(2 of 2)

petitioner got missing and in relation to that, an FIR No.278/2023 was lodged by the petitioner at PS Maulasar, Dist. Deedwana, Kuchaman on 04.12.2023, in which, the investigation is going on. It is further submitted that in relation to the above referred FIR, the police have recovered the corpus on 08.12.2023 and she was produced before the concerned CWC and as per the order of the CWC, the custody of the corpus was handed over to her mother. Later on, the corpus again got missing from her house on 19.12.2023 and in relation to that, a complaint was filed with the police and the police have taken the same on record along with the earlier FIR and investigation is going on.

¶23

Taking into consideration the fact that earlier also, the minor sister of the petitioner got missing and in relation to that, the petitioner has lodged an FIR, in which, the investigation is going on, wherein though, the corpus was recovered and her custody was handed over to her mother, but again if she is missing, then in such circumstances, it cannot be said in the strict sense that she is in illegal detention of somebody.

¶24

Hence, no case for issuance of writ of habeas corpus is made out. Accordingly, this habeas corpus petition is disposed of.

¶25

The factual report is taken on record.

¶26

The police shall continue with the investigation in the FIR lodged in relation to the said incident.

¶27

(RAJENDRA PRAKASH SONI),J

¶28

(VIJAY BISHNOI),J

¶29

35-Anshul/-

Danaram v. the State of Rajasthan

Case brief

What is this about?

What the court decided

Danaram v. the State of Rajasthan

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Chanda Kanwar Vs State of Rajasthan

Sharvan Nath Sidh Vs State of Rajasthan

Rajni Kardam Vs Kendriya Vidyalaya Sangathan

Kiran Devi Vs the State of Rajasthan

Bhera Ram Vs State of Rajasthan

Rajesh Kumar Vs the State of Rajasthan