Shanti Lal And Others vs State Of Rajasthan And Others

This habeas corpus petition has been filed by one Shantilal alleging that his wife is missing since 12.07.2018 and in relation to that he lodged a Missing Person Report No.4/2018 at Police Station Karda, District Jalore.

In this habeas corpus petition, the petitioner expressed his apprehension that his wife has been kidnapped by respondent No.5 – Deepak Meghwal and may be she is in his illegal confinement.

Pursuant to the notice issued by this Court, the police have furnished factual reports from time to time and from those factual reports, it is clear that the police detained respondent No.5 – Deepak Meghwal and interrogated him about the whereabouts of corpus but he denied her kidnapping and to keep her in his illegal confinement. The police have also got respondent No.5 – Deepak Meghwal detained under Sections 107 and 151 Cr.P.C., however, despite interrogation from him, the whereabouts of corpus were not known. Respondent No.5 – Deepak Meghwal, day after his release and at present, is residing in his village itself. Thereafter, the police have continued the search of the corpus but till date her whereabouts have not been known.

The latest factual report dated 14.02.2023 speaks about the steps taken by the police to trace out the corpus.

It is also to be noticed that during the pendency of this habeas corpus petition, petitioner – Shantilal has died and his legal representatives have been brought on record.

Having perused all the factual reports submitted by the police from time to time, we are of the opinion that it is not a case of illegal confinement, however, it is only a case of missing person.

In such circumstances, no case is made out to issue a writ of habeas corpus, however, the police is directed to continue with the search of corpus and shall make every efforts to trace out her.

With these observations, this habeas corpus petition is disposed of.