RAJUL BHARGAVA,J. - (1.) Heard Sri Pankaj Kumar Shukla, learned counsel for the petitioners and learned A.G.A for the State-respondents.
(2.) The instant habeas corpus petition has been filed by petitioner no. 1 (father of the corpus) with the following prayer: a. Issue habeas corpus and commanding the respondent no. 1, 2, 3 and 4 to produce the corpus/petitioner no. 2 before this court from the illegal confinement/release from the respondent no. 5 to 8 or from anywhere as alive or dead. b. Issue a habeas corpus and direct to the Central agency to take over the investigation from the State machinery and produce the corpus before this court from the illegal confinement/release from the respondent no. 5 to 8 or from anywhere as alive or dead. c. Issue any other suitable, order and punish and fixed accountability upon the responsibility of State machinery from non recovery the corpus in the course of investigation as alive or dead. d. Issue any other suitable order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(3.) The brief facts of the case is that the petitioner no. 2 (corpus) is minor son aged about 12 years as on 7.4.2014 of petitioner no. 1. It has been averred in the petition that the corpus was found missing from the house and he was searched at several places but his whereabouts could not be traced out. Thereafter a missing report was lodged at Police station Hafizganj, District Hapur on 7.11.2014 at about 10.20 pm. The said FIR was registered as Case Crime No. 170/2014 under section 363 IPC against unknown persons in which it was stated that the son of the petitioner no. 1 was found missing from the house at about 10.00 am and he was searched in neighbouring village and his whereabouts were also inquired from the relative of petitioner no. 1 but he was not found.;