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IN THE HIGH COURT OF MADHYA PRADESH
Sanjeev Sachdeva and Vinay Saraf, JJ.
Simmi Bai v. Shrimaan Police Mahanirikshak
Mahodaya & Others
Writ Petition No. 16475 of 2023 (Jabalpur);
Decided on 28.1.2025
(1) Constitution of India -- Art. 226 -- writ of habeas corpus -- scope -- petition maintainable only when corpus is wrongfully confined by any authority or private person -- writ of habeas corpus is an effective means of immediate release from unlawful detention -- physical confinement not necessary to constitute detention -- control or custody is sufficient for issuance of writ -- petitioner must show prima facie case of unlawful detention of corpus. (1973) 2 SCC 674 and (2007) 10 SCC 190 followed. [Para 11
(2) Constitution of India -- Art. 226 -- writ of habeas corpus -- maintainability of petition -- petition not maintainable in respect of person simply missing and not in unlawful detention -- unlawful detention is sine qua non for issuance of writ of habeas corpus. (2020) 40 SCC 161 followed. (2008) 1 MPLJ 339 and (2023) SCC Online Ori. 5628 relied on. [Para 13
(3) Constitution of India -- Art. 226 -- writ of habeas corpus -- scope -- cases of missing persons cannot be brought under provision of habeas corpus petition -- such cases are to be registered under regular provisions of Indian Penal Code -- police officials are bound to investigate them in manner prescribed under Code of Criminal Procedure -- such cases are to be dealt as regular cases by competent Court -- extraordinary jurisdiction of constitutional Courts cannot be invoked for dealing with cases of missing persons -- establishing ground of illegal detention and strong suspicion about such illegal detention is condition precedent for moving habeas corpus petition -- constitutional Courts shall not entertain habeas corpus petition where there is no allegation of illegal detention or suspicion about any such illegal detention. [Para 16
(4) Constitution of India -- Art. 226 -- writ of habeas corpus -- petitioner failed to establish prima facie case of unlawful detention of her daughter and her two minor children by any particular person -- rather, it is revealed from status report that corpus, along with her minor children, has gone to unknown place as per her own wish and is not in any wrongful confinement -- held -- petition seeking issuance of writ of habeas corpus cannot be entertained to trace out missing person -- for such purpose, petitioner can pursue other effective remedy. [Paras 17 & 18
¼1½ Hkkjr dk lafo/kku && vuq- 226 && canh çR;{khdj.k fjV && O;kfIr ;kfpdk rc gh pyus ;ksX; tc fdlh çkf/kdkjh ;k çkbosV O;fä }kjk d‚iZl dk lnks"k ifjjks/k fd;k tkrk gS && canh çR;{khdj.k fjV fof/kfo:) fujks/k ls rRdky NqVdkjs dk çHkkoh lk/ku gS && fujks/k xfBr djus ds fy, 'kkjhfjd ifjjks/k vko';d ugha && fjV tkjh djus ds fy, fu;a=.k ;k vfHkj{kk i;kZIr gS ;kph dks d‚iZl ds fof/kfo:) fujks/k dk çFke–"V;k ekeyk vo'; n'kkZuk gksxkA ¼1973½ 2 ,llhlh 674 rFkk ¼2007½ 10 ,llhlh 190 vuqlfjrA ¼iSjk 11
¼2½ Hkkjr dk lafo/kku && vuq- 226 && canh çR;{khdj.k fjV ;kfpdk pyus ;ksX; gksuk && ,sls O;fä ds laca/k esa ;kfpdk pyus ;ksX; ugha tks ek= ykirk gS] fof/kfo:) fujks/k esa ugha gS && canh çR;{khdj.k fjV tkjh fd, tkus ds fy, fofèkfo:) fujks/k vfuok;Z gSA ¼2020½ 40 ,llhlh 161 vuqlfjrA ¼2008½1 ,eih,yts 339 rFkk ¼2023½ ,llhlh v‚uykbu vksMh'kk 5628 voyafcrA ¼iSjk 13
¼3½ Hkkjr dk lafo/kku && vuq- 226 && canh çR;{khdj.k fjV && O;kfIr ykirk O;fä;ksa ds ekeyksa dks canh çR;{khdj.k ;kfpdk ds mica/k ds v/khu ugha yk;k tk ldrk && ,sls ekeys Hkkjrh; naM lafgrk ds fu;fer mica/kksa ds v/khu iath—r fd, tkuk gksrs gSa && iqfyl in/kkjh mudk vUos"k.k naM çfØ;k lafgrk ds v/khu fofgr jhfr esa djus dks vkc) gSa && ,sls ekeyksa ij l{ke U;k;ky; }kjk fu;fer ekeyksa dh Hk‚afr fopkj fd;k tkuk gksrk gS ykirk O;fä;ksa ds ekeyksa ls fuiVus ds fy, lkafo/kkfud U;k;ky;ksa dh vlk/kkj.k vf/kdkfjrk dk voyac ugha fy;k tk ldrk && canh çR;{khdj.k ;kfpdk lekosfnr djus ds fy, voS/k fujksèk dk vk/kkj vkSj ,sls voS/k fujks/k ds ckjs esa çcy lansg LFkkfir djuk iqjksHkkO; 'krZ gS && lkafo/kkfud U;k;ky; ogk¡ canh çR;{khdj.k ;kfpdk xzg.k ugha djsaxs tgk¡ voS/k fujks/k dk dksbZ vfHkdFku ugha ;k ,sls fdlh voS/k fujks/k ds ckjs esa lansg ughaA ¼iSjk 16
¼4½ Hkkjr dk lafo/kku && vuq- 226 && canh çR;{khdj.k fjV && ;kfpuh fdlh fof'k"V O;fä }kjk viuh iq=h vkSj mldh nks vçkIro; larkuksa ds fofèkfo:) fujks/k dk çFke–"V;k ekeyk LFkkfir djus esa vlQy jgh && vfirq] çkfLFkfr çfrosnu ls çdV gksrk gS fd d‚iZl viuh vçkIro; larkuksa ds lkFk] Lo;a dh bPNkuqlkj fdlh vKkr LFkku ij pyh xbZ gS vkSj fdlh lnks"k ifjjks/k esa ugha gS vfHkfu/kkZfjr canh çR;{khdj.k fjV tkjh fd, tkus dh bZIlk dh ;kfpdk ykirk O;fä dk irk yxkus ds fy, xzg.k ugha dh tk ldrh && bl ç;kstu ds fy, ;kfpuh vU; çHkkoh mipkj dk ykHk ys ldrh gSA ¼iSjk 17 ,oa 18
ORDER
Saraf, J.-- 1. Shri Samar Verma, Additional Superintendent of Police (ASP), Jabalpur (M.P.) and Shri Sunil Nema, City Superintendent of Police (CSP), Section - Bargi, Jabalpur are personally present in the Court.
2. An application for exemption is made for the personal presence of the Superintendent of Police on the ground that an incident had taken place on account of which he is engaged in urgent official duties. It is stated that the status report that is being filed today has been vetted by the Superintendent of the Police and the entire efforts have been personally supervised by him.
3. The statement is taken on record.
4. In view thereof, the personal presence of Superintendent of Police, Jabalpur is dispensed with.
5. This petition has been preferred by mother of the corpus on the ground that the corpus is missing from Pune, Maharashtra, Petitioner has lodged missing person report at Police Thana - Shahpura, Distt. Jabalpur on 5.4.2023 that her daughter along with two children are missing and they have been wrongfully confined by Dileep Choudhary and Kavita Choudhary of village Kantora Tehsil - Patan Distt. Jabalpur. Upon the same missing person report, police started investigation. Being dissatisfied with the investigation, present writ petition (Habeas Corpus) has been preferred by the petitionerr under Article 226 of the Constitution of India seeking direction to the Police Authorities to search the daughter of the petitioner and her children and produce them before the Court.
6. This Court vide order dated 25.7.2023 issued notices to the official respondents and called for the status report.
7. First status report was submitted on 9.8.2023, wherein Police Officers informed the Court that after registration of missing person report, intensive steps were taken to search the corpus and her minor child children aged about 11 years and 8 years, but could not be traced out. Investigation teams had searched the corpus in Odisha, Karnatika, Chhatisgarh and Jabalpur.
8. Direction was issued to intensify the efforts, thereafter the case was fixed on several times. On 17.1.2024 third status report was filed on behalf of the respondent wherein, it is stated that the corpus along with her minor children visited the place of her parents on 3.12.2023. Panchnama was also prepared to that effect, wherein they specifically stated tated that corpus along with her children visited at village Raiyakheda on 3.12.2023, where the petitioner resides. Time to time directions were issued in this matter to trace out the corpus and children.
9. On the last date of hearing, considering the fact that petition is pending since 25.7.2023, a direction was issued to Superintendent of Police, Jabalpur to take over the investigation personally and produce the corpus on the next date of hearing. In compliance of the aforesaid order Superintendent of Police, Police, Jabalpur had taken the investigation in his hands and intensified the efforts for searching the corpus and her children. During the course of investigation they recorded the statement of the petitioner and other family members wherein, they stated that that on 3.12.2023, the corpus visited village Raiyakheda on her h own will along with her children.Documents have been placed along with status report on record.
10. On 17.1.2025, the Investigating Officer recorded the statement of the petitioner Simmi Bai who stated stated that the corpus along with her children came to her maternal village Raiyakheda on 3.12.2023 at 11:30 am with a boy on motorcycle and met to her neice - Roshni Choudhary intimating her that she was going to village Karmeta and will stay there till eevening and if they want to meet her they may come there. The Investigating Officer recorded the statement of Roshni Choudhary who also stated on 17.1.2025 that at 10:00 am on 3.12.2023 corpus Sheela visited at her maternal house along with her children Kartik and Keerti with a boy and asked her to call all the family member
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