- (1.) THIS habeas corpus petition has been filed pursuant to MPR No. 14/2012 having been registered at Police Station Vishwakarma Jaipur (North) by the petitioner Vikram Kumar Yogi in respect of Mukesh Kumar Yogi who is the brother of the petitioner who is said to have gone missing on 12.5.2012. Notices were issued to the SHO and the SP concerned. Today, Sub -Inspector Shri Bajrang Lal present in person. He has stated before us that detenu Mukesh Kumar Yogi has been seen driving a truck bearing registration number of Ajmer District by two persons - Sunil Kumar S/o Shri Sukha Ram Jat R/o Village Ghumansar, District Jhunjhunu as well as one Mahendra and both these persons have seen the detenu driving the truck. The Sub -Inspector has stated before us that the truck had been seen near the check -post at Shahjahanpur, District Alwar. For identifying and tracking the detenu who is missing in this case, a team has been sent to Shahjahanpur.
(2.) IN the facts and circumstances which have come on record prima facie there does not appear to be any reason to suggest that the detenu Mukesh Kumar Yogi is in illegal detention as he has been seen driving a truck by the two witnesses named above. Accordingly, we find no reason to keep the present habeas corpus petition pending. We would however while disposing of this habeas corpus petition direct that the investigating Officer shall complete the investigation and make efforts to recover the missing person Mukesh Kumar Yogi in respect of whom MPR No. 14/2012 has been lodged at Police Station Vishwakarma Jaipur (North) and submit the report before the Magistrate having jurisdiction in the matter within three months from today and the learned Magistrate shall proceed in accordance with law. In case, he is not recovered within the aforesaid time, it would be open for the petitioner to approach the concerned Magistrate, in this behalf. The learned Magistrate shall also report progress to this court. Let a copy of this order be forwarded to the concerned Magistrate Jaipur Metro for information and necessary action.;