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Smt. Kamla Reddy & Another vs State Of U.P. & 3 Others

High Court Of Judicature at Allahabad|13 July, 2016

JUDGMENT / ORDER

Compliance report by way of affidavit has been filed by the learned counsel for the State.
Investigating Officer - Shailesh Kumar Singh is present personally before the Court. He has apprised the Court that all the measure have been taken in this regard.
Heard learned counsel for the petitioners.
On 26.05.2016 petitioner no. 2 was directed to give the information regarding the corpus or regarding the respondent no. 4, but no information has been given by the learned counsel for the petitioner.
From the facts, it is clear that missing report against the corpus was lodged/written, so far after the wholehearted efforts, the corpus as well respondent no. 4 could not be traced out. This is not the purview of habeas corpus to get the investigation done. Writ order or direction can be issued in the nature of habeas corpus in illegal detention, and whereabouts is known to the petitioner and only in that case person having in illegal detention can be directed tobe produced the corpus before the Court.
Father of the respondent no. 4 has also lodged missing report of his son, apparently respondent no. 4 as well corpus are missing and they have eloped, whereabouts of both respondent no. 4 as well as the corpus is not known to anybody. The police is investigating the matter, if the investigation is not going properly then appropriate authority can be approach for that and remedy for that lies elsewhere and not in the habeas corpus writ. As stated above cannot be used for getting the direction for investigation and in the circumstances, no further order is required by this Court in this matter.
The habeas corpus writ petition is disposed off accordingly.
Order Date :- 13.07.2016.
Vinod.
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Title

Smt. Kamla Reddy & Another vs State Of U.P. & 3 Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
13 July, 2016
Judges
  • Abhai Kumar