Ramesh Prasad Namdev Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1051622
CourtMadhya Pradesh High Court
Decided OnOct-05-2012
AppellantRamesh Prasad Namdev
RespondentThe State of Madhya Pradesh
Excerpt:
w.p.no.8231/2012 (r.p.namdeo versus state of m.p.& ors.) 05.10.2012 shri n.p.namdeo, learned counsel for the petitioner. shri r.p.tiwari, learned govt. advocate for the respondent/state. heard on the question of admission and interim relief. the petitioner has filed this petition seeking a writ of habeas corpus for production of ku. roshni namdeo, daughter of the petitioner. it is submitted that the petitioner's daughter has been abducted by respondent no.4 annu @ sumar choudhary. the respondents have filed a return and the progress report indicating that after investigation and enquiry in the missing person's report, filed by the petitioner, an offence under section 366 and 363 of the i.p.c.has been registered against respondent no.4 annu @ sumar choudhary and proceedings under section 82 of cr.p.c.have also been initiated. it is stated that the police authorities have taken all possible steps to trace out the whereabouts of annu @ sumar choudhary and they are continuing to do so. the respondent police authorities have stated that they are making w.p.no.8231/2012 (r.p.namdeo versus state of m.p.& ors.) all efforts to trace the daughter of the petitioner and the investigation is under progress. in view of the aforesaid, as the instant case relates to missing person, therefore a writ of habeas corpus as sought by the petitioner cannot be issued in view of the decision of the division bench of this court rendered in the case of sulkochana bai versus state of m.p.and others 2008(1) mplj 339 however, taking note of the fact that the respondents have given a statement that they are conducting further investigation in the matter and are making all efforts to trace the missing person and also to take the pending investigation to its logical conclusion expeditiously in accordance with law, therefore, the petition filed by the petitioner is disposed of with a direction to the police authorities to do so. c.c.as per rules. (r.s.jha) judge gn
Judgment:

W.P.No.8231/2012 (R.P.Namdeo versus State of M.P.& ors.) 05.10.2012 Shri N.P.Namdeo, learned counsel for the petitioner.

Shri R.P.Tiwari, learned Govt.

Advocate for the respondent/State.

Heard on the question of admission and interim relief.

The petitioner has filed this petition seeking a writ of Habeas Corpus for production of Ku.

Roshni Namdeo, daughter of the petitioner.

It is submitted that the petitioner's daughter has been abducted by respondent No.4 Annu @ Sumar Choudhary.

The respondents have filed a return and the progress report indicating that after investigation and enquiry in the missing person's report, filed by the petitioner, an offence under Section 366 and 363 of the I.P.C.has been registered against respondent No.4 Annu @ Sumar Choudhary and proceedings under Section 82 of Cr.P.C.have also been initiated.

It is stated that the police authorities have taken all possible steps to trace out the whereabouts of Annu @ Sumar Choudhary and they are continuing to do so.

The respondent police authorities have stated that they are making W.P.No.8231/2012 (R.P.Namdeo versus State of M.P.& ors.) all efforts to trace the daughter of the petitioner and the investigation is under progress.

In view of the aforesaid, as the instant case relates to missing person, therefore a writ of Habeas Corpus as sought by the petitioner cannot be issued in view of the decision of the Division Bench of this Court rendered in the case of Sulkochana Bai versus State of M.P.and others 2008(1) MPLJ 339 however, taking note of the fact that the respondents have given a statement that they are conducting further investigation in the matter and are making all efforts to trace the missing person and also to take the pending investigation to its logical conclusion expeditiously in accordance with law, therefore, the petition filed by the petitioner is disposed of with a direction to the police authorities to do so.

C.C.as per rules.

(R.S.Jha) Judge gn