DB Habeas Corpus Petition No.126/2010 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH D.B. Habeas Corpus Petition No.126/2010 Bhonru Lal Versus State & Ors. DATE OF ORDER : 01/11/2010 HON'BLE MR.JUSTICE DALIP SINGH HON'BLE MR.JUSTICE S.S.KOTHARI Mr. Devi Singh Choudhary, for petitioner Mr. J.R. Bijarnia, GA, for respondents Mr. Ajay Kumar, SHO, Bari, present in person *** This petition has been filed by Bhonru Lal for production of his son namely; Bhagwan Swaroop in the nature of habeas corpus. It is not disputed that the petitioner had filed an identical petition being D.B. Habeas Corpus Petition No.102/2010, Bhonru Vs. State of Rajasthan & Ors., which was decided by this Court vide order dated 09/08/2010 which has been filed as Annexure-4 on record. This Court had taken the view that the petitioner has a remedy under Section 97 of the Code of Criminal Procedure. It has been submitted that the petitioner has approached the Magistrate with the application under Section 97 Cr.P.C., but till date the boy Bhagwan Swaroop has not been recovered and produced before the Magistrate. We had issued notice to the respondents directing them to file the reply. However, in view of the order dated 09/08/2010 and the fact DB Habeas Corpus Petition No.126/2010 [2] that the proceedings under Section 97 Cr.P.C. are still pending, we refrain from passing any order on the basis of this petition. The Magistrate is directed to monitor the investigation for the recovery of Bhagwan Swaroop conducted so far and take all necessary steps so as to recover Bhagwan Swaroop as early as possible. This petition, accordingly, stands disposed of. [S.S.KOTHARI],J. [DALIP SINGH],J. FRBOHRA126DBHabeas Corpus Pet-2010-1-11.doc