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2016 Supreme(Raj) 178

MOHAMMAD RAFIQ, DINESH CHANDRA SOMANI
Budhi Prakash Saini – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri Hemant Nahta
For the Respondents: Shri B.N. Sandu

ORDER :

Mohammad Rafiq, J.

This habeas corpus petition has been filed by petitioner-Budhi Prakash Saini inter alia with the prayer that respondents be directed to release his son from their illegal custody of police.

2. Facts of the case are that a first information report was registered on 28.6.2016 for offence u/s.363 IPC to the Police Station Shyam Nagar at the behest of one Jagdish Sharma, father of one Miss Deepshiksha, stating therein that her daughter aged 15 years, had gone out for attending coaching classes on 27.6.2016 at 3.00 PM and she has not yet returned back. In the FIR, it was alleged that enquiry from coaching centre transpired that Deepshikha did not reach the coaching centre. Manish, the maternal cousin of Vishnu enquired from the son of the informant whether Deepshikha has come back home from coaching. Wife of the informant received a call at 7.11 PM and then again at 7.54 PM, from cell no.8947891312, on which a female, who disclosed her identity as Priya, enquired whether Deepshikha has come back from the coaching centre. When informant's wife talked to that girl, she disclosed her name as Neetu, sister of Vishnu. When the informant went to their residence, family



































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