ARJUN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THOUGH this petition is styled as a habeas corpus petition but in fact it complains about inaction on the part of the police. Allegation of the petitioner is that his daughter Madhu is in the illegal confinement of her in -laws, who are not allowing petitioner to even meet her for last two months. Learned counsel submitted that the father -in -law of his daughter respondent No. 5 -Jairam lastly informed the petitioner on 25.06.2013 that his daughter Madhu has gone missing from Samod Veer Hanumanji ka Mandir. When her whereabouts could not be known, petitioner lodged FIR No. 197/2013 with Police Station Ajitgarh, District Sikar but the police has not taken any action so far. The Police has not registered the report under the proper provisions of law and has merely registered the FIR for offence under Sec. 498A IPC. This habeas corpus petition in fact thus complains about the manner in which the Police is investigating the matter. We therefore require the petitioner to approach the Superintendent of Police concerned, who shall supervise the investigation and try to find out the where about of his daughter. Petitioner would be free to make an application before the concerned Magistrate under Secs. 97 and 98 of the Code of Criminal Procedure, 1973, who shall be entitled to summon the Superintendent of Police concerned to enforce his orders and also supervise the investigation of the police so as to take the same to logic conclusion. The Police will submit the progress report of investigation before the concerned Magistrate every fortnight.

(2.) WITH that direction, this habeas corpus petition is disposed of.