1 D.B. CIVIL HABEAS CORPUS PETITION NO.133/2008 (Jagan Nath Yadav Vs. State and Ors.) Date of Order : 29.2.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. BHANWAROO KHAN, J. Mr.Vishnu Kachhawaha, Public Prosecutor. - - - - - The petitioner Jagan Nath Yadav submitted habeas corpus petition before this Court alleging that his daughter Mst. Kamla Yadav was missing from the house of the petitioner from 25.12.2007. The petitioner contacted S.H.O., P.S. Mahamandir on 5.1.2008 and written application was submitted. On further enquiry, the petitioner was informed that respondent No.3 with a criminal conspiracy kidnapped and abducted the corpus and respondent has detained the corpus. The petitioner requested the S.H.O., respondent No.2 to proceed against the respondent No.3, but the respondent No.2 neither proceeded against the petitioner nor any FIR was registered by respondent No.2, S.H.O., Dangiyawas. Notices were issued on petitioner's petition on 11.1.2008. On 15.2.2008, learned Public Prosecutor on the basis of report received by him stated that the custody of girl has been given to the petitioner and petitioner's wife i.e. 2 father and mother of the corpus. The petitioner and his wife, father and mother of the corpus were present in the Court and they stated that the corpus has not been handed-over to the petitioner or his wife. Upon this, concerned Dy. Superintendent of Police was directed to submit the report and also directed to appear in person on 20.2.2008. On 20.2.2008, the petitioner, petitioner's wife, corpus and respondent No.3 all presented themselves in the Court and Dy. Superintendent of Police submitted Rojnamcha alongwith two documents. The statement of PW-1 Jagan Nath, PW-2 Smt. Kalawati, PW-3 Mst. Kamla and PW-4 Kishan Singh were recorded and documents were exhibited as Ex.-1 and Ex.-2. After the statements of witnesses, this Court found it necessary to call the Rojnamcha of Police Station, Barmer. Today, Rojnamcha of P.S. Barmer of the relevant date 4.1.2008 has been placed before this Court for perusal. After perusal of statements of witnesses and perusal of record of Rojnamcha, P.S. Barmer and Rojnamcha, P.S. Dangiyawas it appears that false report has been given with respect to handing-over of corpus to the petitioner and his wife. The facts recorded in Rojnamcha at Barmer are also not correctly recorded and same is the 3 position of Rojnamcha of P.S. Dangiyawas wherefrom it appears that the report was lodged at about 1.15 p.m. and the police party started from Jodhpur at 5.15 p.m. and as per Rojnamcha of P.S. Barmer the corpus was recovered before 7.15 p.m. and entery was made at 7.15 p.m. It is impossible to reach at Barmer from Jodhpur with such a short period of only two hours. Therefore, , the report of handing over of corpus to the petitioner and to his wife is false and wrong entries have been made in two Rojnamchas. Instead of taking action here, we direct Inspector General of Police, Jodhpur to look into the matter and thereafter take appropriate action against the guilty persons. The Rojnamcha as well as original documents Ex.-1 and Ex.-2 be returned to the learned Public Prosecutor after keeping the photocopies of the aforesaid documents on record. The petition has already been disposed of. The record be handed over to the Public Prosecutor. (BHANWAROO KHAN),J. (PRAKASH TATIA), J. rm/