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2022 Supreme(Raj) 2564
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Prakash Gupta, Birendra Kumar, JJ.
Avadesh Kumar Purohit – Appellant
Versus
The State Of Rajasthan – Respondent
Habeas Corpus Petition No. 37/2022
Decided On : 24-03-2022
Mr. Anil Upman, Advocate, Mr. Girraj P. Sharma, Advocate, Mr. Manoj Bhardwaj, Advocate, for the Appellant, Mr. G.S. Rathore, Ga-Cum-Aag, Mr. Alka Bhatnagar, Addl. Govt, Mr. Mridul Kachhawa, Ipc, Dcp (South), Mr. Bhopal Singh, Acp, Sodala, Mr. Dinesh Kumar, I/C Police Station Mahesh Nagar, Jaipur, for the Respondent.
The court emphasized the need to intensify the action to trace out the detenues and included a cyber person in the Special Investigation Team.
Headnote:
Special Investigation Team - Cyber Person Inclusion - The court directed the respondents to intensify the action to trace out the detenues and included a cyber person in the Special Investigation Team.
Fact of the Case:
The petitioner raised concerns about the inclusion of a cyber person in the Special Investigation Team and the steps taken to recover the detenues.
Finding of the Court:
The court found that positive steps had been taken to trace out the detenues, but directed the respondents to intensify the action.
Issues: Inclusion of cyber person in the Special Investigation Team, steps taken to recover the detenues.
Ratio Decidendi: The court's decision was influenced by the positive steps taken to trace out the detenues and the need to intensify the action, including the inclusion of a cyber person in the Special Investigation Team.
Final Decision: The respondents were directed to intensify the action to trace out the detenues, and the case was listed for a future date.
ORDER
1. At the outset, learned counsel appearing for the State submit that this case has been transferred to Special Investigation Team ('SIT'), to which learned counsel for the petitioner submits that a cyber person has not been included in the said Team.
2. Learned counsel for the petitioner further submits that the police authorities are required to take help of the officer namely Shri Sanjeev Kumar Yadav, IPS, DCP (Special Cell), Delhi Police, who is an expert in such type of matters, but his help has not been taken by the police. In such circumstances, effective steps have not been taken to recover the detenues.
3. On the other hand, Mr. Mridul Kachhawa, IPS, DCP (South) submits that Whatsapp call details are not available on the server of the Company. He further submits that Cyber person has already been included in the aforesaid team. If the need arises, help of Sanjeev Kumar Yadav, IPS, DCP (Special Cell), Delhi Police would be taken.
4. Learned counsel for the petitioner further submits that despite the location of the detenues from Lucknow, no team has been sent there to recover the detenues.
5. Learned counsel appearing for the State has submitted a team is being sent there tomorrow. She has submitted the affidavit of Shri Bhopal Singh, Asstt. Commissioner of Police, Sodala, Jaipur alongwith factual report.
We have gone through the affidavit filed by Shri Bhopal Singh, Asstt. Commissioner of Police, Sodala, Jaipur and factual report submitted alongwith the affidavit.
6. From perusal of the same, it appears that positive steps have been taken to trace out the detenues, who are yet to be traced.
7. The respondents are directed to intensify the action to trace out the detenues.
8. List on 29.3.2022.
