OM PRAKASH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS Habeas Corpus Petition has been filed by the petitioner Om Prakash with the prayer that the respondents be directed to recover his daughter, namely Neelam Joshi. It is however stated that the girl is missing since 21.3.2014. Thereafter, the Regular First Information Report was got registered at Police Station Murlipura, Jaipur (South) on 21.3.2014 itself for the offence under Secs. 363 & 366 IPC. The grievance of the petitioner is that after lodging of the FIR, the investigation has not make any progress.

(2.) WHEN the petitioner came with the case that his child is missing and thereafter he had lodged a report but the police was not investigating the matter, then he ought to have first availed the remedy under the Code of Criminal Procedure. In a case, where either a report has not been lodged by the Police or after lodging the same, no progress has been made in the investigation, then in that situation/the informant can approach the Police Authority or the concerned Magistrate for redressal of the same. On having approached the Police Authority, if no result is forthcoming, then the Magistrate concerned may be requested for passing an appropriate order to the Police for submitting the Progress Report in respect of the Investigation in the matter. Approaching the High Court in such a situation, either under Article 226 of the Constitution of India or under Sec. 482 Cr.P.C. is not the proper remedy. This view has been enunciated by the Hon'ble Supreme Court in the case of Sakiri Vasu v. State of Uttar Pradesh & Ors., : (2008) 2 SCC 409. The relevant paras are as under: