Full Judgment
W.P.No.15263 / 2012 (Ramprasad Namdeo..Vs..State of M.P.and another) 11-12-2012 Shri Deependra Mishra, learned counsel for the petitioner.
Shri S.M.Lal, learned G.A.for the State/respondents.
The petitioner has filed this petition alleging that the wife of the petitioner is missing since 4-8-2012 but in spite of reports to the police authorities she has not been recovered.
This Court, on the previous occasion, had directed the police authorities to take action in the matter.
The respondents in response has stated that the police have registered a missing persons case No.8/2012 and 9/2012 at P.S.Gunnor, District Panna and have conducted the investigation therein.
It is stated that the police have also examined Kallu Pandey, resident of village Paderi and Deependra Pandey, resident of village Puraini against whom allegations had been made by the petitioner but did not find out any incriminating evidence against them.
The police have also made an enquiry about Hamid Musalman who has also been named by the petitioner but no such person has been traced out.
The owner of the JCB machine also informed that he has not engaged any Hamid Musalman as a driver for his JCB machine.
In view of the directions of this Court dated 19-11-2012, Superintendent of Police, Panna has furnished an affidavit in respect of the steps taken by him in the matter, wherein he has stated that he has constituted a special team to search out the missing person by order dated 21-11-2012 under the officer of the rank of S.D.O.(Police) and that these persons are carrying out extensive search of the missing person in all places.
As directed by this Court, the Superintendent of Police, Panna has also separately conducted an enquiry in respect of the allegations made by the petitioner regarding demand of bribe by the S.H.O., P.S.Gunnor, and stated that the allegations do not appear to be correct.
In view of the aforesaid, it is stated that the police authorities have taken all possible steps to search out the missing person and they shall continue to do so in the missing persons case to ensure that the case registered by them reaches a logical conclusion.
Shri Prakash Dubey, the S.H.O.Of P.S.Gunor, District Panna, who is personally present before this Court, ensures that he would immediately act upon any information given by the petitioner and conduct an enquiry in the matter in accordance with law.
Looking to the aforesaid facts and circumstances of the case and in view of the decision rendered by a Division Bench of this Court in Sulochana Bai versus State of Madhya Pradesh and otheRs.2008 (1) MPLJ 339 wherein it has been held that the petition seeking a writ of habeas corpus is not maintainable in case of a missing person, the petition filed by the petitioner is disposed of with a direction to the police authorities to take all possible steps in accordance with law to search out the missing person and ensure that the matter reaches a logical conclusion.
It is further observes that in case the petitioner receives any information or he is harassed in any manner by the police authorities he would be at liberty to approach the concerned Superintendent of Police, who shall deal with and conduct an enquiry in the matter in accordance with law.
With the aforesaid directions the petition filed by the petitioner stands disposed of.
C.C.as per rules.
(R.S.Jha) Judge mct