RAJPAL Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed by Rajpal @ Rajkumar invoking the extra ordinary jurisdiction under Article 226 of the Constitution of India with the prayer that the respondents be directed to recover his wife and produce her before the Court. He has further prayed that appropriate action betaken against respondent Nos. 7 to 9.

(2.) It has been averred in the petition that in the mid night of 15th of July, 2014 when the family of the petitioner was sleeping in their house at Chirawa, the respondents Rohitash and Hemraj came and abducted his wife. Thereafter the petitioner with his family members tried to search the detenue and returned home after quite some time. It is also mentioned in the petition that the family members of the petitioner had received threatening on the phone, The incident was then reported to the police but no investigation was conducted. Later on, another report was sought to be filed by the mother of the petitioner at police station Chirawa on 9th of August, 2014 but without any success. Ultimately, the petitioner had to file an application on 11.3.2014, under Section 156(3) Cr.RC., on which appropriate directions were Issued by Judicial Magistrate, Chirawa to the concerning police station for registration of the report and to investigate the matter. In consequence thereof an FIR No. 421/2014 came to be registered on 19.9.2014 for the offences under Sections 366, 504 and 506 IPC (Annexure-2).

(3.) The grievance of the petitioner is that despite of lodging of the report, the police has neither investigated into the matter nor has so far recovered his wife. It is also averred in the petition that the accused persons are very much in the village but the police has not taken any action against them. Thereafter representations were also given to the higher police authorities, MLA etc. but without any result. Therefore, the present habeas corpus petition has been filed by the petitioner, with the aforesaid prayer.