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UMESH A. TRIVEDI, CHEEKATI MANAVENDRANATH ROY
Indrasingh Dariyavsingh Tanvar – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE UMESH A. TRIVEDI)
1. This petition under Article 226 of the Constitution of India is filed praying for a writ of habeas corpus directing respondent nos.2 and 3, who are Police Authorities, to produce before the Court the corpus - Jaypal Singh Tanvar, who is in illegal and unlawful custody of respondent nos.4 and 5.
2. Endorsement on the cause list shows that respondent nos.4 to 6 are served by direct service. Respondent nos.1 to 3 are State and Police Authorities. Respondent nos.4 and 5 are persons, who were working as masons alongwith the son and son-in-law of the petitioner. Respondent no.6 is the wife of the corpus – Jaypal Singh Tanvar. Since sister of the corpus as also the corpus and respondent nos.4 and 5 were basically labourers working as masons, they used to go to different places for their livelihood. They also hail from native State of the petitioner i.e. Madhya Pradesh, may be they are staying in adjoining villages.
3. As per the missing complaint No.125/2021 dated 03.10.2021 registered with Pandesara Police Station, it discloses that the corpus – Jaypal Singh Tanvar went missing on 30.09.2021 at about 8:30 a.m. in the morning. The
The court established that allegations of illegal confinement must be supported by credible evidence for a habeas corpus petition to succeed.
The judgment underscores the necessity for law enforcement to adopt rigorous procedures for investigating missing persons and preserving evidence for identification.
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