Jayanta Kumar Biswas, J.:— The petitioner in this WP under art.226 of the Constitution of India dated June 21, 2013 is seeking the following principal relief:-
“a) That Your Lordship would graciously be pleased to issue a writ or writs in the nature of habeas corpus, do issue commanding the respondents including respondent no. 4 and 7 hereof to show cause as to why they should not hand over the investigation regarding tracing out the missing son of petitioner namely Mrinal Kanti Das in terms of the complaint dated 27.04.2013 by the petitioner to the Crime Investigation Department immediately to find out the missing persons as expedite as possible.”
Advocate for the petitioner has submitted as follows. The petitioner's thirty-four year old only son was working in A to Z, a company, for around twelve years. On April 27, 2013 he went missing. On the basis of information an entry was made in the general diary maintained by Shyampukur police station on April 27, 2013. The police have not taken any step for tracking down the missing person. Hence this court should issue a habeas corpus directing the police to trace, recover and produce the missing person.
A habeas corpus writ is to be issued only when the person concerning whose liberty the petition has been filed is illegally detained by a respondent in the petition. On the basis of a habeas corpus petition the power under art.226 is not to be exercised for tracing a missing person engaging an investigating agency empowered to investigate a case under the Code of Criminal Procedure, 1973. The investigation, if in progress, is to be overseen by the criminal court. Here the petitioner is asking this court to direct the police to track down his missing son.
For these reasons, we dismiss the WP. No costs. Certified xerox.
Comments