Habeas corpus plea cannot stand if allegation of unlawful detention is missing from missing person’s report: Rajasthan High Court


Disposing of a habeas corpus petition, the Jaipur Bench of the High Court of Rajasthan recently said that in the absence of an allegation of “unlawful detention” in cases where a “missing person report” has already been deposited, the appropriate way would be to approach the magistrate concerned.

The petitioner had filed a habeas corpus petition in the High Court of Rajasthan under Section 226 of the Constitution, requesting and soliciting the production of his adult daughter before the Court.

The contents of the petition revealed that a ‘missing person report’ had already been filed by the petitioner before going to the High Court, but no allegation that his daughter had been unlawfully detained by anyone. was raised in this one.

After having examined the arguments and taken cognizance of the motion, the bench of Judges Pankaj Bhandari and Sameer Jain stated that the proper recourse for the petitioner in the facts of the case was to inquire about the status of the “missing person report”, which the petitioner could legitimately do by addressing the relevant magistrate .

“The proper avenue available to the petitioner is to approach the relevant magistrate, therefore, we are not inclined to consider the present petition for habeas corpus,” the court said.

Case title: Niranjan v. State of Rajasthan and others

Quote: DB Habeas Corpus Petition No. 297 of 2022

Koram: Judge Pankaj Bhandari and Judge Sameer Jain

Click here to read/download the order


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