Gyani Prasad Dubey vs State of MP and others

R.S. Jha, Judge

Heard Shri Brijendra Mishra, Learned Counsel for the petitioner and Shri R.P. Tiwari, learned G.A. for the State on the question of admission and interim relief. The petitioner has filed this petition praying for issuance of a writ of habeas corpus to produce his son who is alleged to be under illegal custody of the respondent no. 4.

The respondents have filed a return and have stated that in fact this is not a case of illegal detention but a case of a missing person and therefore, missing person case no. 9/2012 on 02.07.2011 has been registered at Police Station, Shahpura and thereafter investigation and enquiry therein is being conducted by the police authorities during which they have also examined the respondent no. 4 who has stated that he has no knowledge as to the whereabouts of the petitioner''s son and the petitioner''s son has also not been found in the custody of the respondent no. 4. The respondents have further stated that they shall make all efforts to trace out the son of the petitioner and conduct proper investigation in the case registered against the missing person

In view of the statements made by the learned G.A. for the State in the return and in view of the fact that the police authorities are already taking steps to trace out the petitioner''s son after registering a case against the missing person, writ of habeas corpus as sought by the petitioner in such cases cannot be issued as has been held by a Division Bench of this Court in the case of Sulochana Bai Vs. State of M.P. and Others,

In the facts and circumstances, I do not find any reason to entertain the present petition which is disposed of with a direction to the police authorities to conduct proper investigation and enquiry in the missing person case registered by them and ensure that it reaches a logical conclusion.

With the aforesaid directions, the petition filed by the petitioner stands disposed of. C.C. as per rules.