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2016 Supreme(Raj) 172

MOHAMMAD RAFIQ, DINESH CHANDRA SOMANI
Krishan – Appellant
Versus
Director General of Police – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Amit Jindal, Mr. Mukesh Pal Jadoun
For the Respondents-State: Mr. Anurag Sharma, Mr. Aniroodh Mathur, Mr. Krishnaveer Singh, Mr. B.N. Sandu, Mr. Bansi Lal, C.O. Khetri, Jhunjhunu, Mr. Naresh Kumar

JUDGMENT :

These matters raise the question whether habeas corpus petition would be maintainable in a case where the first information report has been registered with the police station on the allegation that wife/son/daughter of the petitioner has gone missing or has been abducted/kidnapped/taken in custody by someone or has voluntarily accompanied any person?

2. It is alleged in Habeas Corpus Petition No. 159/2016 that wife and daughter of the petitioner have been kidnapped by Respondents No. 4 and 5 therein. The petitioner went to Police Station Khetri for lodging FIR, but it was not registered and ultimately, he made a representation to Superintendent of Police, Jhunjhunu as well as District Collector, Jhunjhunu. Thereafter, he again approached Superintendent of Police, Jhunjhunu. The petitioner has placed on record copy of the admission card of his daughter alleging that her date of birth is 20.06.2000. It is only thereafter that the police lodged FIR No. 219/2016 at Police Station Khetri, District Jhunjhunu for offences under Sections 363 and 366 IPC. Learned counsel for the petitioner has cited judgment of Division Bench of this Court rendered at Principal Seat at Jodhpur in P






















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