VIMLA JATAV Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) Petitioner has, in this habeas corpus petition, prayed that her husband Mohan Lal and son Gopal be recovered and produced before this court. Further it has been prayed that both the persons be released from illegal custody of respondents No. 5 to 7.

(2.) It is averred in the petition that on account of some dispute with regard to entering into an agreement for sale of property, her husband Mohan Lal and son Gopal were called by the respondents at their house on 3.2.2014. Since then the whereabout of the husband and the son is not known. Later on, the petitioner approached the police and submitted missing report but no action was taken for about 2 weeks. Therefore, the petitioner had then approached ACJM, Gangapur City and filed a complaint before him u/s 365 IPC against respondents No. 5 to 7. The learned Magistrate has passed an order u/s 156(3) Cr.P.C. to the police for registration of the case. Consequently, FIR No.44/2014 was registered at Police Station Sadar Gangapur City for offence u/s 365 IPC.

(3.) The grievance of the petitioner, in substance, is that since lodging of the report the police did not take any action either in respect of the investigation or for recovering the detenu. It is also stated that the petitioner had approached before various authorities at the highest level of the department of police as well the State.