BILAL Vs. COMMISSIONER OF POLICE AND OTHERS

JUDGEMENT

(1.) The relief sought for in this Habeas Corpus Petition is for a direction to direct the respondents to produce the body of missing person namely Jawfer Sathick, aged 21 years, S/o. Bilai, whose whereabouts was not known and produce the missing person before this Court and hand over him to the custody of the petitioner.

(2.) The petitioner has stated in his affidavit that he has two sons and one daughter. The elder son, is aged about 21 years and the second son, is aged about 19 years and the daughter is aged about 5 years.

(3.) The petitioner has further stated that he is the sole bread winner of the family and he is working in a lorry work shop. The missing person Jawfer Sathick, who is his elder son, is a mentally challenged person right from his birth and also prone to Epilepsy for which he also underwent treatment. He has further stated that his wife was taking care of him (missing person). Inspite of proper care taken by the family members, his elder son will frequently leave from his home, but he will be found easily within a day as he will be in any of his neighbours' home. The petitioner further states that his elder son left the home on 01.08.2017 at around 1.00p.m and till date he could not be traced. Due to mental health, he cannot convey where he is or in which place he is staying. The petitioner has further detailed about the features of his elder son that his right hand was bended near the chest and there is a scar near the eyes. Inspite of search made by the petitioners family and his friends to find out the whereabouts of his elder son and to secure him, they could not succeed. Hence, the petitioner preferred a complaint before the second respondent on 07.08.2017 and a case was also registered in Crime No.676 of 2017.