- (1.) WE have heard learned counsel for the petitioner, learned counsel for the State and the learned counsel for the respondent No. 6. The Investigating Officer has informed the court that initially the report was lodged as MPR. The wife of the petitioner along with minor son are reported to be at present in Kolhapur and the respondent No. 5 Bhanwar Lal Meghwal has called his father on telephone and informed him that he is at Kolhapur and will return home soon. The CI has also received information that the detenu, Maya, wife of the petitioner who is said to be 30 years of age is also in the company of Bhanwar Lal Meghwal along with her minor son.
(2.) IN that view of the matter, the learned counsel for the petitioner submits that he would now lodge an FIR against Bhanwar Lal Meghwal and other accused persons if any in respect of the alleged incident involving abduction of his wife Maya as well as kidnapping of his minor son Ganesh. In the facts and circumstances, therefore, we would direct that an FIR be registered on the basis of the above information and the investigation be carried out in accordance with law and recover the detenu at the earliest. We however direct that in case the petitioner is not satisfied with the investigation that is being carried out, it would be open for the petitioner to approach the learned Magistrate having jurisdiction over the Police Station Nawalgarh, District Jhunjhunu for monitoring of the investigation. The learned Magistrate shall also monitor the investigation to ensure early recovery of the detenus. The habeas corpus petition stands disposed of with the aforesaid directions.;