1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 6206 of 2005 PREM CHAND V/S STATE & ORS. Mr. ASHOK CHHANGANI, for the appellant / petitioner Mr. RL GANGID – AAG & Mr. SG OJHA, for the respondent Date of Order : 17.2.2009 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- Heard learned counsel for the parties. We have also perused the reply filed by the private respondent no. 7 Smt. Jaya. She is present in person also. After perusal of the reply, the notice issued to her is discharged. On the report submitted by the petitioner about missing of Narayan Das, the police has already filed final report, certified copy whereof has been produced by the petitioner as Annexure P/3. This is dated 15.4.2005. In this F.R. police had gone on the aspect about suspected murder of Shri Narayan Das. This F.R. is given on the complaint filed by the petitioner being Annexure P/2 which was sent for investigation vide order dt. 6.12.2004. We pointedly asked learned counsel for the petitioner whether any protest petition has been filed, or not, and if filed what is the out come thereof. Thereupon learned counsel 2 rest contented by referring to the averments contained in para-20 of the writ petition wherein it is alleged that the petitioner would be filing a detailed protest petition with regard to the investigation conducted. This petition was filed on 20.10.2005, and more than three years have elapsed since then. In such circumstances, we are left to conjecture that protest petition must not have been filed. That being the position once a regular criminal machinery was set into motion vide Annexure-2 has come to final conclusion vide Annexure-P/3 which has become final. Whatever other remedies the petitioner may have, he is always free to avail but then no ground is made out for entertaining habeas corpus petition. The same is, therefore, dismissed. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /Sushil/