RATAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed by the petitioner who is the father of the detenu Data Ram, with the request that directions be issued to the respondents to produce the detenu. Further it has been prayed that the investigation in the matter be expedited and son of the petitioner be recovered.

(2.) In this case, the detenu Data Ram was found missing since 13.9.2009 while he was returning to his village from Bikaner. It is averred by the petitioner that his son Data Ram had gone to Bikaner on 9.9.2009 for admission in Bharat Polytechnic College. But later on, he did not return home. It is also said that in a Criminal Case No. 104/2009, the trial was pending for the offences, inter alia, under Section 302 I.P.C., and the detenu Data Ram was a material witness, as being the eye witness of the case. Further it is averred that respondent No. 6 being the main accused in the said criminal case was biased with Data Ram and had him kidnapped with the object that he would get benefit in the aforesaid criminal case.

(3.) When Data Ram did not return home, the petitioner lodged a Missing Person Report (10/2009) at Police Station Malakheda which later came to be rejected as F.I.R. No. 425/2009 for the offence under Section 365, I.P.C. On conclusion of the investigation, the police submitted a final report dated 14.12.2009 on the ground of "Adam Vaku and llaka Gair". In other words, while holding the view that the incident did not take place within the jurisdiction of Police Station Malakheda, the Investigating Officer also held that no incident had ever taken place. Subsequently, the said final report was accepted by the Magistrate concern on 14.12.2009 with a direction to the S.H.O. to send the entire record to Police Station having jurisdiction, for investigation.