Point of Law: On basis of a habeas corpus petition the power under art.226 is not to be exercised for tracing a missing person engaging an investigating agency empowered to investigate a case under the Code of Criminal Procedure, 1973.

JUDGMENT :

1. Heard Sri Manish Dwivedi, learned counsel for the petitioner as well as Sri Ghanshyam Kumar and Sri Mohd. Afzal, learned counsels appearing for the State and perused the records of the case.

2. At the outset, learned A.G.A. has raised strong preliminary objection with regard to the maintainability of the present Habeas Corpus petition and floated certain arguments against this petition, which would be considered in the later part of the judgment.

3. From the petition, Sri Dwivedi, learned counsel for the petitioner has sought following prayer mentioned hereinbelow viz:-

"(a) Issue a writ, order or direction in the nature of Habeas Corpus direction the respondent no.2 to produce the corpus-Km. Poonam from the custody of respondent no.4(Manish Kumar Sharma) before this Hon'ble Court to ensure his safety and happy life.

(b) Issue any other suitable writ, order or direction, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(c) Award cost of this petition in favour of the petitioner."

In this petition, Ms. Poonam Kushwaha(25 years) is the daughter of Kailash Chandra Kushwaha who in fact, is the "petitioner no.2" has arrayed (i) State of U.P. Principal Secretary, Homes, Lucknow, Uttar Pradesh; (ii) Superintendent of Polilce, Banda ; (iii) S.H.O. Police Station-Kalinger, Banda ; (iv) Manish Kumar Sharma aged 29 years s/o Rajesh Sharma, r/o village-Talahati, police station-Kalinger, District-Banda, as respondents from whom he has sought aforementioned prayer.

4. The bare skelton fact which has given rise to the present Habeas Corpus petition are formulated hereinbelow :-

(A) Submission advanced by learned counsel for the petitioner no.2 is that Kailash Chandra Kushwaha, has lodged the FIR on 24.01.2022 for the alleged act of enticement of his daughter Poonam Kushwaha on 22.01.2022 from Kalinger. This FIR was got registered as case crime no.25 of 2022 under section 366 IPC at Police Station-Kalinger, District-Banda.

(B) On account of certain misconceptions and mis-information received to the informant, initially the FIR was registered against one Biru Prajapati, but later on, it was revealed to the informant that a person Rohit Bhatt@Manish Kumar Sharma, after hatching the conspiracy with one Afsar, Chand Khan and two others, has forcibly taken away Km. Poonam Kushwaha(24 years) from the custody of her father/petitioner no.2. Consequently, an application was moved on the same day i.e. 24.01.2022 itself to the concerned Investigating Officer giving the correct information about the real offenders.

(C) During the pendency of the investigation, petitioner no.2 came to know that Rohit Bhatt@Manish Kumar Sharma carried her daughter to the Bench of this Hon'ble Court seeking civil protection, projecting that both of them are major and now are married couple and thus, their future may be secured by giving certain civil protection to them, accordingly, a Civil Writ Petition No.3002 of 2022 was filed by them and on 17.02.2022, co-ordinate Bench of this Court while relying upon the judgments of Lata Singh Vs. State of U.P. 2006 Cr.L.J. 3312 and Bhagwan Das Vs. NCT, New Delhi, (2011) 6 SCC 396 disposed of the aforesaid petition protecting the interest of the couple with certain conditions.

(D) The father of the corpus Mr. Kailash Chandra Kushwaha also came to know that his daughter Poonam Kushwaha got married with respondent no.4.

(E) In the present petition, father has levelled all sorts of severe allegations about the nature and character of respondent no.4 that after laying love trap, Rohit Bhatt@Manish Kumar Sharma spoiled the life of many other young girls, were trapped in his love and thereafter, utilized them for women trafficking and thrown them into flesh market etc.

(F) Raising all his suspicion, father of the girl moved an application on 04.04.2022, raising his grievance regarding his daughter before the Superintendent of Police, Banda but it seems that no heed was paid on the said letter. In ad