The main legal point established in the judgment is the court's direction to the investigating authority to ensure thorough investigation and all efforts are made to recover the missing child and take action against the offenders involved in the kidnapping.

JUDGMENT

1. Heard.

2. This petition styled as habeas corpus petition, in fact, seeks direction to the State authorities/police authorities to make effective investigation to recover missing son of the petitioner.

3. We find from the contents of the petition and the FIR, which has been lodged by father of the missing child, that in the report, it has been alleged that while the child was riding bicycle, a person intercepted and kidnapped the child and another associate was also seen at the spot. On this report, FIR has been registered by the police.

4. Status report of the investigation so far made by the police has been placed before us by S.H.O., Police Station Pratap Nagar, Jaipur East. In the status report, it has been stated that after receipt of information of commission of offence of kidnapping, the investigation is being carried out. There are certain eye witnesses of the incident, who claim to have identified the person. On the basis of that and various inputs including CCTV footage and also taking into consideration that there being background of a dispute between father and mother of the kidnapped child, number of persons were taken into custody, interrogated to find out their involvement. However, so far child has not been recovered. The detailed report also shows that the police and various teams constituted have gone to different places, even outside the State to recover the child. Pamphlets have been distributed and affixed at different public places to seek recovery of the child. The investigating authority is also using the electronic and print media to spread the information along with the photograph of the kidnapped child so that if some has come across the child, information may be submitted in the police station. We also find that during investigation, police came to know that there was dispute between the father and the mother of the child and the mother is presently residing in the State of Uttar Pradesh. She was also interrogated and her connections are also being checked up by the police to explore the possibility of child got kidnapped at the instance of the mother.

5. In view of the information, which has been placed before us showing the efforts made by the police, we, at this stage, find that investigation is being carried out and efforts are being made to recover the child by the investigating authority and at this stage, it cannot be said that the police is not taking any steps or making no serious efforts to investigate into commission of crime and recover the child.

6. In view of above, we are inclined to dispose off this petition at this stage with a direction to the investigating authority that it shall leave no stone unturned and ensure that thorough investigation is carried out and all efforts are made to recover the missing child and take action against the offenders involved in kidnapping of petitioner's minor son.

7. With liberty to the petitioner to revive the petition, in case necessity so arises, this petition is disposed off.