Rajasthan High Court - Jaipur
Ramu vs State Of Raj And Anr on 24 October, 2009
Author: Dalip Singh
Bench: Dalip Singh
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER D.B.HABEAS CORPUS WRIT PET.NO.229/2008. Ramu. VERSUS State of Rajasthan and Others. 24.10.2009. HON'BLE MR.JUSTICE DALIP SINGH HON'BLE MR.JUSTICE K.S.CHAUDHARI None present for the petitioner.
Mr.Rajendra Yadav, Government Advocate for State.
***** None present for the petitioner. Heard learned Government Advocate for the State.
This habeas corpus petition has been filed by Ramu son of Badri Prasad in respect of Bhorya aged 22 years, praying for production of Bhorya before the court.
Notices were issued vide order dated 15.01.2008 but the petitioner has failed to file the process fee and notices despite time being granted by the court to the petitioner on separate occasions i.e. 29.02.2008 and again on 22.04.2008.
Learned Government Advocate Mr.Yadav has today produced before this court along with the reply, the death certificate issued by the Sarpanch, Gram Panchayat, Sikrai, Police Station Sikrai (Dausa) wherein it has been indicated that Bhorya son of Badri Prasad had died on 14.07.2008 at Ajmer and was cremated at Sikrai on 15.07.2008. This fact finds corroboration from the proceedings under Section 174 Cr.P.C. recorded by the S.H.O., Police Station, Alwar Gate, Ajmer on 15.07.2008. The body of the deceased was identified by the elder brother of Bhorya @ Vinod Kumar by Katya Ram son of Badri Prasad and was handed over for being cremated to the family.
In view of the above reply, this habeas corpus petition is disposed of as having become infructuous. In case, the petitioner is aggrieved, he is free to take recourse to any remedy available under the law.
(K.S.CHAUDHARI),J. (DALIP SINGH),J. Solanki DS, Jr.P.A