LAWS(MPH)-2013-8-274

PUSHPA DEVI SHARMA Vs. STATE OF M P

Decided On August 01, 2013
PUSHPA DEVI SHARMA Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) Heard. This appeal has been filed by the appellant against the order dt. 12.2.2013 passed by the learned Single Judge in W.P. 7357/2012.

(2.) A habeas corpus petition was filed for production of corpus-Smt. Deeksha Sharma. In the aforesaid petition, it was pleaded that Mr. Vijay Sharma and Vinay Sharma came to the house of Shyam Swaroop Sharma, father of the corpus and they had taken the corpus to a doctor and thereafter whereabouts of the corpus could not be traced out. Mother-in-law of the corpus also filed a habeas corpus petition and she pleaded that family members and father of the corpus had taken her and thereafter the corpus has been missing.

(3.) Learned Single Judge after considering the rival contentions has recorded a finding that there is no evidence or proof to establish the fact that the corpus was in possession of a particular person/private respondent. The police conducted the enquiry and submitted progress report. As per the police authorities, it is not possible to trace out the corpus because it could not be find out that under whose possession the corpus is.