2026 Supreme(Online)(Raj) 19130
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Mahendar Kumar Goyal, Chandra Shekhar Sharma, JJ
Bhuri – Appellant
Versus
State of Rajasthan – Respondent
D.B. Habeas Corpus Petition No. 261/2026
Important Points
Subject
Criminal Law - Habeas Corpus
Act Referred
Headnote
(B) Police Duty - Registration of FIR - Failure of police authorities to register an FIR despite the disclosure of a cognizable offense warrants the initiation of contempt proceedings against the concerned District Superintendent of Police. (Para 5)
Issues: Whether the issuance of forged birth certificates to misrepresent age and the subsequent failure of police to register an FIR constitute a violation of statutory provisions and an interference with the administration of justice.
For the Appellants/Petitioners: Suresh Kumar, Vijay Laxmi Jangid
For the Respondents: Rajesh Choudhary, Aman Agarwal, Neha Goyal, Vinod Kumar Sharma
Order
Pursuant to order of this Court dated 29.07.2026, learned Government Advocate-cum-Additional Advocate General has submitted the status report dated 06.08.2026 furnished by SHO, Police Station Kotwali, District Bharatpur.
As per the status report, the Birth Certificate dated 12.06.2026 issued by the Registrar, Rundh Ikran, Sewar, District Bharatpur, reflecting the date of birth of the missing girl as 01.01.2003, is found to be forged, fabricated and having been issued against the statutory provisions.
Recently, this Court has come across such habeas corpus petitions, with allegation of illegal detention of the minor girl(s), wherein, birth certificates are being produced, on behalf of the respondent(s), issued by the competent authority reflecting the missing girl to be major but, on inquiry, the same are found to have been issued in violation of the statutory provisions. It is a serious matter as it not only constitutes offence(s) under the provisions of Bharatiya Nyaya Sanhita, 2023 but, also amounts to interference in administration of justice. In the aforesaid factual context, to curb this menace in its bud, we direct the Chief Secretary, Government of Rajasthan to look into the matter and issue necessary instructions to the authorities concerned not to issue such birth certificates dehors the statutory provisions and in casual manner without due verification of the facts. He is also directed to ensure that appropriate disciplinary proceeding is carried out against the erring official(s). The learned GA-cum-AAG may provide a list of such cases to the Chief Secretary.
Further, although, learned Government Advocate-cum-Additional Advocate General has submitted a copy of the FIR No.0189 dated 10.07.2026 lodged at Police Station Chiksana, Bharatpur on a complaint sent by the Court of learned Judicial Magistrate No.4, Bharatpur submitted by the petitioner-Bhuri alleging therein, inter alia, the certificate of the date of birth being forged but, it also reflects that despite repeated request, the concerned police station refused to lodge the FIR and the representation sent to the District Superintendent of Police, vide registered letter dated 29.06.2026, also failed to invoke any response.
In view thereof, the District Superintendent of Police, Bharatpur is directed to file an affidavit as to why contempt proceedings should not be initiated for non-registration of the FIR despite disclosure of the commission of cognizable offence from the facts narrated in the FIR No.0189 dated 10.07.2026 registered at Police Station Chiksana, Bharatpur. He is further directed to ensure free and fair investigation in the aforesaid FIR at earliest.
Learned GA-cum-AAG undertakes to inform the officer(s) concerned of this order and to submit the compliance report within two weeks from today. He prays for and is granted three days’ time to produce the missing girl.
List the matter on 11.08.2026 as prayed.