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HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Habeas Corpus Petition No. 311/2023

Akshay Choudhary S/o Shri Prabhudayal, Aged About 31 Years,

R/o Tiwari Ki Dhani No.2, Thana-Khandela, District-Sikar (Raj.)

(At Present In Judicial Custody-Central Jail, Jaipur) Through

Father Prabhudayal S/o Late Shri Balluram, Aged 62 Years, R/o

Tiwari Ki Dhani No.2, Thana-Khandela, District-Sikar (Raj.)

----Petitioner

Versus

1.

State Of Rajasthan, Through Chief Secretary, Govt.

Secretariate, Statue Circle, B.D. Road, Jaipur.

2.

The A.C.S. Home, Govt. Secretariate, Statue Circle, B.d.

Road, Jaipur.

3.

The D.G.P. Rajasthan Police, Police H.q. Lal Kothi, Jaipur

(Raj.)

4.

The Superintendent Of Jail, Jaipur Central Jail, Jaipur

(Raj.)

5.

The S.H.O. Karni Vihar, Jaipur Metropolitan (West) Jaipur

(Raj.)

6.

The A.D.G. Police, Anti Human Trafficking Unit, Jaipur

----Respondents

For Petitioner(s)

:

Dr. Mithlesh Kumar, Adv.

For Respondent(s)

:

Mr. G.S. Rathore, GA-cum-AAG with

Mr. Santosh Singh Shekhawat, Mr.

Tayyab Ali, Mr. Tajendar Pal Singh

Rathore, Mr. N.S. Gurjar, Asst. GA

Mr. Likhmaram, SHO, Police Station

Karni Vihar, Jaipur

HON'BLE MR. JUSTICE PANKAJ BHANDARI

HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

04/10/2023

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1.

Petitioner through his father has preferred this habeas

corpus petition alleging therein that he is in illegal detention. The

prayer made in the habeas corpus petition is as under:-

“(i) by appropriate writ, order or direction to quash

FIR No.563/23, registered at Police Station Karni

Vihar, Jaipur (West) qua petitioner, being

afterthought to save the named kidnappers against

whom complaint under Section 156 (3) Cr.P.C.

Submitted.

(ii) by appropriate writ, order or direction to quash

illegal arrest and subsequent illegal police remand

judicial order by ACMM No.5, Jaipur Metro-II dated

24.08.2023, 27.08.2023 (Link Court -MM No.13,

Jaipur Metro-II) and 28.08.2023 in FIR No.563/2023

registered under Sections 399, 401 IPC and 3/25

Arms Act in P.S. Karni Vihar, Jaipur.

(iii) by appropriate writ, order or direction to declare

Rajasthan Police Deed regarding lodging FIR

No.563/2023 at P.S. Karni Vihar, Jaipur qua

petitioner as unconstitutional being violation of

fundamental rights of petitioner.

(iv) Any other relief which this Hon’ble Court deems

just and proper in the facts and circumstances for

‘Rule of Law’ may also be passed.”

2.

It is contended by counsel for the petitioner that

petitioner was kidnapped from his working place on 22.08.2023.

After that a false and fabricated FIR bearing No.563/2023 was

registered on 24.08.2023 and mechanical, police custody order

was obtained. Thereafter, petitioner applied for bail under Section

437 Cr.P.C. read with Section 2(d) of Cr.P.C. but the said

application was rejected by the Sessions Court on the ground that

it is pre-mature. It is also contended that petitioner was

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kidnapped and his vehicle was picked up from his working place

which is apparent from perusal of the CCTV footage and GPS

location. It is contended that petitioner’s vehicle was thereafter

found at the Police Station Karni Vihar, which petitioner

ascertained from the GPS location.

It is also contended that the

arrest was illegal from the very beginning and therefore, the

habeas corpus petition is maintainable. It is also contended that

the Magistrate was empowered to release the petitioner as a

complaint was filed under Section 2(d) Cr.P.C. and the Magistrate

was required to act in accordance with Section 191 Cr.P.C.

3.

Counsel for the petitioner has placed reliance on

Paramvir Singh Saini vs. Baljit Singh & Ors. and has

contended that there was a direction by the Apex Court that all

the police stations should have CCTV and the CCTV data should be

preserved