- (1.) These matters raise the question whether habeas corpus petition would be maintainable in a case where the first information report has been registered with the police station on the allegation that wife/son/daughter of the petitioner has gone missing or has been abducted/kidnapped/taken in custody by someone or has voluntarily accompanied any person
(2.) It is alleged in Habeas Corpus Petition No. 159/2016 that wife and daughter of the petitioner have been kidnapped by Respondents No. 4 and 5 therein. The petitioner went to Police Station Khetri for lodging FIR, but it was not registered and ultimately, he made a representation to Superintendent of Police, Jhunjhunu as well as District Collector, Jhunjhunu. Thereafter, he again approached Superintendent of Police, Jhunjhunu. The petitioner has placed on record copy of the admission card of his daughter alleging that her date of birth is 20.06.2000. It is only thereafter that the police lodged FIR No. 219/2016 at Police Station Khetri, District Jhunjhunu for offences under Sections 363 and 366 IPC. Learned counsel for the petitioner has cited judgment of Division Bench of this Court rendered at Principal Seat at Jodhpur in Pukha Ram v. State of Rajasthan & Others(D.B. Habeas Corpus Petition No. 6834/2007 decided on 14.07.2008) and submitted that habeas corpus petition in that case was entertained even after application under Section 98 Cr.P.C. was filed before the court of Judicial Magistrate concerned and the petitioner failed to secure custody of his daughter.
(3.) In Habeas Corpus Petition No. 158/2016, it is alleged that the son of the petitioner, Jai Singh was abducted on 18.04.2016 by accused Dhanraj, Ram Singh, Mahendra @ Rajaram, Bhagwandas, Shivram, Gorelal, Bhagwan Singh and Rajendra. She approached police station Masalpur, District Karauli, but S.H.O. did not register FIR. Then, she submitted representation to Superintendent of Police, Karauli on 27.05.2016, but when no heed was paid, she filed criminal complaint in the Court of Additional Chief Judicial Magistrate, Karauli, who forwarded the same to police station for investigation under Section 156(3) Cr.P.C. It is thereupon that FIR No. 97/2016 for offence under Section 323, 341, 342 and 365 IPC was registered with police on 02.07.2016. Learned counsel for the petitioners argued that hebeas corpus petitions are filed in a situation where the police does not take timely action to recover the corpus.;