Habeas Corpus Plea Can't Be Entertained If Allegation Of Illegal Detention Absent In Missing Person Report: Rajasthan High Court

The petitioner had filed a habeas corpus petition before the Rajasthan High Court under Article 226 of the Constitution praying for and seeking production of his major daughter before the Court.

The contents of the petition revealed that a 'Missing Person Report' had already been filed by the petitioner before approaching the High Court but no allegation of his daughter having been illegally detained by any person was raised in the same.

After considering the contentions and perusing the petition, the Bench of Justices Pankaj Bhandari and Sameer Jain said that the appropriate remedy for the petitioner in the given facts of the case was to enquire about the progress of the 'Missing Person Report,' which the petitioner could rightfully do by approaching the concerned magistrate.

"The proper course available to the petitioner is to approach the concerned magistrate, hence, we are not inclined to entertain the present habeas corpus petition," said the court.

Case Title: Niranjan v. State of Rajasthan and Others

Case No: D.B. Habeas Corpus Petition No. 297 of 2022

Citation: 2022 LiveLaw (Raj) 241 

Coram: Justice Pankaj Bhandari and Justice Sameer Jain

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