Hari Prasad Sahu vs State of M.P. and Others

R.S. Jha, J.—The petitioner has filed this petition alleging that the petitioner''s daughter, Ku. Pooja Sahu is missing and the petitioner has filed a report before Police Station Lordganj, Jabalpur, which has been registered as Gum Insaan No. 8/2014.

It is submitted by the learned counsel for the petitioner that till date the police authorities have not located the daughter of the petitioner. It is also submitted that in view of the aforesaid, the petitioner has filed the present petition claiming a writ of habeas corpus for production of his daughter. In the petition, the petitioner has not made any allegation that his daughter is being wrongfully confined or detained by any person or authority.

Having heard the learned counsel for the petitioner and after perusing the record, it is observed that a Division Bench of this Court in a decision rendered in the case of Sulochana Bai Vs. State of M.P. and Others, , has held and laid down the law that in cases of missing persons no writ of habeas corpus lies and, therefore, writ of habeas corpus sought for by the petitioner in missing person''s case is not maintainable.

However, looking to the fact that the petitioner has lodged a missing person''s report which has already been registered by Police Station Lordganj, Jabalpur, the petition filed by the petitioner is disposed of with a direction to the respondent/authorities to conduct a proper investigation in the matter by involving the petitioner and taking all possible steps to search out the petitioner''s daughter and ensure that the investigation reaches to a logical conclusion.

To enable the respondent/authorities to do so, the petitioner shall furnish a certified copy of the order passed today along with a copy of the petition to the authorities within a week of obtaining the same.

With the aforesaid observations/directions, the petition filed by the petitioner stands disposed of.

C.C. as per rules.