CHHAYA GURJAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition, under Article 226, of the Constitution of India has been filed seeking issuance of writ in the nature of habeas corpus or any other suitable writ/order or direction for the following reliefs:-

(2.) Learned counsel for the petitioner submitted that certain miscreants have abducted sister-in-law of the petitioner namely Aarti, as well as, Aarti's daughter Kajal from the campus of High Court. It is alleged that the respondent-Authorities are having all the information in respect of both of them, but are not providing any information. It is contended that when mother-in-law of corpus Aarti had come to High Court in connection with some case, the accused persons abducted Aarti and her daughter Kajal. Thereafter, mother-in-law of the corpus lodged a missing person report at Police Station University, Gwalior, but till date no action has been taken in that behalf. Hence, this petition.

(3.) Shri Sharma, learned Government Advocate raised a preliminary objection with regard to maintainability of this petition contending that the writ of habeas corpus cannot be issued in this matter as there is no allegation that the corpus and her daughter are in illegal confinement of any private respondent. Petitioner has not impleaded any suspect as party respondent. Besides, multiple reliefs, which are not at all in congruence, with the subject matter of this petition have been claimed. As such, on this count alone the petition is liable to be rejected at the threshold.