Rajasthan High Court - Jaipur
Sadik Khan. vs State Of Rajasthan & Ors. on 17 March, 2015
Author: Ajay Rastogi
Bench: Ajay Rastogi
D.B.Habeas Corpus Petition No.51/2015. Sadik Khan. VERSUS State of Rajasthan & Ors. 17.03.2015. HON'BLE MR.JUSTICE AJAY RASTOGI HON'BLE MR.JUSTICE J.K.RANKA Mr.Asad Ali, Counsel for petitioner.
***** Brother of the alleged detenue has approached this court with the complaint that his sister although has attained the age of majority is missing since 28.09.2014 for which an FIR No.401/2014 came to be registered at Police Station Railway Colony, Kota City on 29.09.2014 for offence u/S.363 & 366 IPC against the respondent No.3 Rakesh Verma who is also a local resident of Railway Colony, Kota, still when no action has been taken by the Investigating Officer that has compelled him to approach this court by filing the instant Habeas Corpus Petition.
The detenue and Rakesh Verma (respondent No.3) both are residing in the Railway Colony, Kota and have attained the age of majority and also of the same age group, however, FIR has been registered implicating Rakesh Verma, respondent No.3, for committing offence u/S.363 & 366 IPC on 29.09.2014 but prima facie it appears to be a case of elopement and not of illegal abduction, as alleged by the petitioner and as regards the FIR of which reference has been made above, law may take its own course but we are not satisfied that it is a case of illegal abduction for invoking remedy of this court u/Art.226 of the Constitution.
Consequently, the instant Habeas Corpus Petition is accordingly dismissed. However, the petitioner is at liberty to avail remedy which the law permits to him including filing of application u/S.97-98 of the Code, if so advised.
(J.K.RANKA),J. (AJAY RASTOGI),J. All corrections made in judgment/order have been incorporated in the judgment/order being emailed. Solanki DS, Sr.P.A.