BHONRU LAL Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This petition has been filed by Bhonru Lal for production of his son namely; Bhagwan Swaroop in the nature of habeas corpus.

(2.) It is not disputed that the petitioner had filed an identical petition being D.B. Habeas Corpus Petition No.102/2010, Bhonru Vs. State of Rajasthan and Ors., which was decided by this Court vide order dated 09/08/2010 which has been filed as Annexure-4 on record. This Court had taken the view that the petitioner has a remedy under Sec. 97 of the Code of Criminal Procedure. It has been submitted that the petitioner has approached the Magistrate with the application under Sec. 97 Crimial P.C., but till date the boy Bhagwan Swaroop has not been recovered and produced before the Magistrate. We had issued notice to the respondents directing them to file the reply. However, in view of the order dated 09/08/2010 and the fact that the proceedings under Sec. 97 Crimial P.C. are still pending, we refrain from passing any order on the basis of this petition. The Magistrate is directed to monitor the investigation for the recovery of Bhagwan Swaroop conducted so far and take all necessary steps so as to recover Bhagwan Swaroop as early as possible.

(3.) This petition, accordingly, stands disposed of. Petition Disposed of.