- (1.) THIS habeas corpus petition was filed as a consequence of the fact that the petitioner has alleged that his wife Smt.Rameshi is in illegal custody and detention of the accused-persons and the respondents who are the Police officials are unable to recover the wife of the petitioner and even the arrest of the named accused was not made.
(2.) THE alleged incident is said to have occurred in September, 2010 and an F.I.R. bearing No.283 of 2010 was lodged by the petitioner at Police Station, Hindaun Sadar, District Karauli. Since nothing was done in the matter, the case of the petitioner is that he submitted various representations also on 25.02.2011, 16.01.2011, 30.11.2010 and 17.09.2010, which have been filed as Annexures to this petition, but not only the Police has made efforts to recover the wife of the petitioner, but also the accused have not been apprehended. As a result of the aforesaid, the petitioner was constrained to file this habeas corpus petition. Notices were issued to the respondents. During the course of pendency of the petition, the attention to the case was drawn to the Director General of Police [Crime] Rajasthan, Jaipur also for taking effective steps to recover the wife of the petitioner. Thereafter, the case was handed over for investigation by the Superintendent of Police to the present Investigating Officer and a special team. Though the accused-persons were arrested, but the wife of the petitioner, the detenue has not been recovered so far. The further allegation of the learned counsel for the petitioner is that he has apprehension that his wife may also quite possibly have been taken away from Rajasthan to the adjoining State of Madhaya Pradesh or elsewhere in Rajasthan or even to other places connected with human trafficking. Accordingly, learned counsel has moved an application No.12158 dated 19.03.2012 praying therein that since more than one-&-half years have elapsed and the wife of the petitioner could not be traced by the Rajasthan Police, the matter may be handed over for investigation to the Central Bureau of Investigation as it requires investigation beyond Rajasthan also.
(3.) NOTICE of this application was given to the learned counsel for the State. Today also the Investigating Officer is present in person and he submitted that the wife of the petitioner could not be traced. Learned counsel for the petitioner submitted that though the accused had been arrested, but the Rajasthan Police has failed to extract any information from the accused relating to the wife of the petitioner and the investigation was delayed on account of the non-cooperation by the accused-persons. ;