HARI PRASAD SAHU Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed this petition alleging that the petitioner's daughter, Ku. Pooja Sahu is missing and the petitioner has filed a report before Police Station Lordganj, Jabalpur, which has been registered as Gum Insaan No. 8/2014.

(2.) It is submitted by the learned counsel for the petitioner that till date the police authorities have not located the daughter of the petitioner. It is also submitted that in view of the aforesaid, the petitioner has filed the present petition claiming a writ of habeas corpus for production of his daughter. In the petition, the petitioner has not made any allegation that his daughter is being wrongfully confined or detained by any person or authority.

(3.) Having heard the learned counsel for the petitioner and after perusing the record, it is observed that a Division Bench of this Court in a decision rendered in the case of Sulochana Bai Vs. State of Madhya Pradesh and others, 2008 1 MPLJ 339, has held and laid down the law that in cases of missing persons no writ of habeas corpus lies and, therefore, writ of habeas corpus sought for by the petitioner in missing person's case is not maintainable.