JANKI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is filed seeking a writ in the nature of Habeas Corpus. Petitioner is the wife of a person whose corpus is required to be brought before this Court.

(2.) Facts in brief may be stated as hereunder Husband of the petitioner Rifleman Trilok Singh No. 13774403F, 3rd Battalion Jammu and Kashmir Rifles was on leave from 12.08.2014 to 20.08.2014. He overstayed. Subsequently, on 31.08.2014, he was admitted in the Military Hospital Pithoragarh. The Military Hospital Pithoragarh referred Trilok Singh to Military Hospital Meerut in the custody of two guards namely respondent nos. 9 and 10. Rifleman Trilok Singh was never admitted in Military Hospital Pithoragarh. The petitioner and his family members were informed that Rifleman Trilok Singh disappeared while in journey from Pithoragarh to Meerut. According to the petitioner, various representations were made by her but the whereabouts of Rifleman Trilok Singh are not known, therefore, writ in the nature of Habeas Corpus may be issued to produce the Corpus of Rifleman Trilok Singh.

(3.) On behalf of the Union of India representation has been made and counter affidavit has been filed by Lt. Col. A.V.N. Surin.