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2001 Supreme(Raj) 1787

SHIV KUMAR SHARMA, KHEM CHAND SHARMA
Prem Chand – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. Suresh Sahni, Advocate.
For the Respondents: Mr. Ajay Purohit, Mr. R.K. Chauhan, S.P. Bharatpur with Mr. Bhal Singh, Addl. S.P. Bharatpur with Mr. Rajpal Singh, SHO, Kotwali, Bharatpur, present in person.

JUDGMENT

1. 1. Instant Habeas Corpus petition has been filed, by the petitioner Prem Chand who is the father of abducted boy Chandra Bhan with the prayer that the direction be issued to the State of Rajasthan to produce Chandra Bhan and driver Bachhu Singh before this Court and their custody be restored to the petitioner.

2. The first information report was lodged by one Rajesh Kumar with the Police Station Kotwali Bharatpur on 15.6.2000 at 2.00 p.m. in regard to the abduction of Chandra Bhan and Bachhu Singh. The Police Station Kotwali, Bharatpur registered the case under Section 420 and 365 I.P.C. vide F.I.R.No. 249/2000 against the respondent's namely Arvind, Pappu @ Raj Kumar and Rajendra Singh.

3. It is averred in the petition that the police did not conduct the investigation in the manner required under the law and has so far not recovered either dead or alive, the abducted persons namely Chandra Bhan and Bachhu Singh. A representation was submitted on 18.6.2000, thereafter another representation on 26.6.2000 was made with the prayer that the investigation of the case be entrusted to some another police officer. On 30.6.2000, Home Minister, Government of Rajasthan, Jaipur was a



















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