D.B. CIVIL WRIT (HABEAS CORPUS) PETITION No.5729/2010 Mishri Lal v. State of Rajasthan Dated :: 14th July 2010 & Ors.

HON'BLE MR.JUSTICE A.M.SAPRE HON'BLE MR. JUSTICE DINESH MAHESHWARI Dr.Sushil Gupta for the petitioner. Mr.B.K.Mehar, Government Counsel. ..... BY THE COURT: This petition seeking issuance of a writ of habeas corpus has been filed essentially with the allegations of abduction and wrongful confinement of the petitioner's daughter and want of expeditious proceedings by the official respondents. In this matter, pursuant to our directions dated 05.07.2010, the learned Government Counsel has produced the case diary showing the steps hitherto taken by the Investigating Officer in FIR No.324/2009. We have examined the case diary and it appears that the respondents have indeed taken several steps to search the daughter of the petitioner. After having heard the learned counsel for the petitioner and having examined the material placed on record, we do not find it a fit case at this stage for exercise of jurisdiction for issuance of a writ of habeas corpus but then, the petitioner is free to take recourse to the appropriate remedy before the concerned Magistrate by filing complaint under Sections 97, 98 of the Code of Criminal Procedure for the grievance for which he has filed this writ petition. Needless to observe that if any such complaint is filed by the petitioner before the concerned Magistrate, the same shall be examined and dealt with strictly in accordance with law by the concerned Magistrate keeping in view the object and purpose underlying the provisions of Sections 97 and 98 ibid. With the observations aforesaid, this writ petition stands dismissed. (DINESH MAHESHWARI),J. (A.M.SAPRE),J. MK