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[HC-83/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Habeas Corpus Petition No. 83/2022

Chhail Singh S/o Shri Sabal Singh, Aged About 47 Years,

Resident Of Dayalpura, Tehsil Ahore, Police Station Ahore,

District Jalore.

----Petitioner

Versus

1.

State Of Rajasthan, Through The Secretary, Ministry Of

Home Affairs, Jaipur, Rajasthan.

2.

The Superintendent Of Police, Jalore.

3.

The Station House Officer, Police Station Ahore, District

Jalore.

4.

Dayananda S/o Shri Sindhgayapaji, By Caste Sindhu,

Resident Of Avalipalam, Bailpura, Post Kora, Police Station

Tamkoor, Banglore (Karnataka).

----Respondents

Connected with

D.B. Habeas Corpus Petition No. 84/2022

Chail Singh S/o Sabal Singh, Aged About 44 Years, By Caste

Bhomiya Rajput, R/o Dayalpura, Tehsil Ahore, District Jalore,

Rajasthan.

----Petitioner

Versus

1.

State Of Rajasthan, Through Secretary, Department Of

Home Affairs, Govt. Of Rajasthan, Jaipur.

2.

Superintendent Of Police, Jalore.

3.

S.h.o. Police Station, Ahore, Jalore.

4.

Dayananda S/o Shri Sindhgayapaji, By Caste Sindhu, R/

o Avalipallambailpura, Post Kora, Police Station Tamkoor,

Bangalore.

----Respondents

For Petitioner(s)

:

Mr. Pradeep Choudhary

For Respondent(s)

:

Mr. R.R. Chhaparwal, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

23/03/2022

The instant habeas corpus petition has been filed by the

petitioner Chhail Singh with a prayer to direct production of the

alleged corpus Mst. ‘Kh’, niece of the petitioner in this Court.

On a perusal of the Missing Person Report No.17/2022 filed

by the petitioner at the Police Station Ahore, District Jalore and

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[HC-83/2022]

the contents of the application filed by the petitioner under

Section 97 of the Cr.P.C. in the Court of the SDM, Ahore, District

Jalore, it becomes apparent that contradictory stands have been

taken by the petitioner before three different forums.

A perusal of the Missing Person Report indicates that the girl

who is major, went missing from the house of the petitioner on

08.03.2022 without giving any information to anyone. In the

complaint under Section 97 Cr.P.C., the petitioner alleged that the

respondent No.4 lured Mst. ‘Kh’ away from the home of the

petitioner on 08.03.2022 and that she was illegally confined at

Bangalore. The petitioner claims to have collected this information

through Heer Singh, father of the girl. Manifestly, thus, there are

no such allegations in the habeas corpus petition which can

indicate that the corpus is illegally confined in the jurisdiction of

the Rajasthan High Court. In addition thereto, it is clear that the

SDM, Ahore, District Jalore has already issued a search warrant in

the proceedings under Section 97 of Cr.P.C. initiated by the

petitioner. Furthermore, the petitioner has filed two habeas corpus

petitions (D.B. Civil Writ (Habeas Corpus) Petition No.83/2022

and D.B. Habeas Corpus Petition (Writ) No.84/2022), through

different counsel, without disclosing the factum of the other

petition.

Hence, the instant habeas corpus petition (D.B. Civil Writ

(Habeas Corpus) Petition No.83/2022) as well as the habeas

corpus petition (D.B. Habeas Corpus Petition (Writ) No.84/2022)

are dismissed on merits and so also for lack of jurisdiction.

A copy of this order be placed in each file.

(VINOD KUMAR BHARWANI),J

(SANDEEP MEHTA),J

98 and 99-/Devesh/-