Allegation of Illegal Detention is Must For Habeas Corpus Plea: Rajasthan HC

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Recently, the Rajasthan HC stated that there is no allegation of illegal detention in the Missing Person Report and the petitioner has to approach the concerned Magistrate.

The bench of Justices Pankaj Bhandari and Sameer Jain was dealing with a case where the petitioner has filed the habeas corpus petition seeking production of the corpus who happens to be his major daughter.

High Court stated that The petitioner has already filed Missing Person Report on 03.09.2022. There is no allegation of illegal detention in the Missing Person Report. The proper course available to the petitioner is to approach the concerned Magistrate, hence we are not inclined to entertain the present habeas corpus petition.

In view of the above, the bench rejected the petition.

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Case Title: Niranjan c. State of Rajasthan

Bench: Justices Pankaj Bhandari and Sameer Jain

Case No.: DB Habeas Corpus Petition No. 297/2022

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