GYASUDDIN ANSARI 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 for the petitioner submitted that petitioner is a labour. In the morning of 7/6/2024 he left for his work. His wife, son and daughter (corpus) were at home. At about 11:00 AM his wife found that the corpus is not inside the room, therefore, she searched her at the nearby places and when could not find the corpus, she informed the petitioner about the same.. Petitioner immediately went to his house and tried to search the corpus at all possible places, but as the corpus was not traceable, therefore, the he petitioner immediately rushed to the Police olice Station and narrated the whole story, but the police officials merely took the application of the petitioner and failed to take any proactive action in this regard. Moreover,, instead of registering an FIR, FIR the police lodged a missing person report, but till date no action has been taken on that behalf. Hence, this petition.

(3.) Shri Awasthi, Awasthi learned Deputy Advocate General 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 is in illegal confinement of any private 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.