Neutral Citation No. - 2025:AHC:35642-DB Court No. - 43 Case :- HABEAS CORPUS WRIT PETITION No. - 869 of 2024 Petitioner :- Shiv Dayal And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Shailendra Kumar Singh,Vivek Tripathi Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard Sri Vivek Tripathi, learned counsel for the petitioners as well as Sri Amit Sinha, learned AGA appearing for the State respondents. 2. Present petition has been filed with a prayer to direct/commanding the respondents to produce/ensure the presence of the corpus (petitioner no. 2-Ranjeet Khare) before this Hon'ble Court on the date fixed and set him at his own free will and liberty during the pendency of this habeas corpus petition before this Hon'ble Court. 3. The admitted fact is that a missing report has been lodged in respect of petitioner no.2-Ranjeet Khare S/o Shiv Dayal Khare @ Shiv Dayal (Corpus). The allegation is that petitioner no.2-Ranjeet Khare went missing since 3.9.2024. The fact as reflected from the record is that he was taken into custody by the police of Police Station Sahibabad, Ghaziabad under Sections 170, 126, 135 of B.N.S.S., however, he was released on the same day i.e. 4.5.2024 and thereafter he went missing. 4. Pursuant to the order dated 12.12.2024, supplementary affidavit dated 18.12.2024 on behalf of State has been filed, according to which a news item has been published in newspaper Amar Ujala and S.I.T. has also been constituted by order dated 16.12.2024 passed by the Police Commissioner Nagar Commissionerate, Prayagraj copy whereof is annexed with the aforesaid affidavit. It is also clear from the perusal of the affidavit submitted by the Station House Officer, Sahibabad, Ghaziabad that corpus (petitioner no. 2-Ranjeet Khare) was arrested under Sections 170, 126, 135 of B.N.S.S. pursuant to the notice issued by the Executive Magistrate, Indirapuram, Commissionerate, Ghaziabad under Sections 130 & 131 of B.N.S.S. and was released on the same day i.e. 4.9.2024 and next date was fixed on 12.9.2024, but Ranjeet Khare did not appear before the Executive Magistrate, Indirapuram, Commissionerate, Ghaziabad and a G.D. Entry No. 38 dated 4.9.2024 at 14:24 hrs., P.S. Sahibabad was made in police station Sahibabad. Paragraph no. 4 of the aforesaid affidavit is quoted as under: "That in the aforesaid matter from the Court of Executive Magistrate, Indirapuram, Commissionerate, Ghaziabad a notice was issued under Section 130/131 BNSS to Ranjeet Khare s/o Shiv Dayal Khare, r/o Village 69 Rasoolabad, Teliyarganj, P.S. Rasoolabad, District Prayagraj in which Ranjeet Khare was taken into custody under Section 170/126/135 of BNSS by police of Police Station Sahibabad and in the aforesaid matter Ranjeet Khare executed bonds and two sureties and on the same day i.e. 04.09.2024 he was released and in the aforesaid matter the next date was fixed 12.09.2024 but Ranjeet Khare did not appear before the Executive Magistrate, Indirapuram, Commissionerate Ghaziabad. For kind perusal of this Hon'ble Court copy of notice dated 04.09.2024 and GD Entry No. 38 dated 04.09.2024 at 14:24 hrs., P.S. Sahibabad are being filed herewith and marked as Annexure-1 to this affidavit." 5. It is also evident that corpus is not under detention of the respondents and he was released as stated in the affidavit by the Station House Officer which is also admitted in the petition itself and SIT has also been constituted by the Commissioner Prayagraj vide order dated 16.12.2024. 6. The crux of the affidavit is that serious efforts are being made to recover the missing person. The Hon'ble Apex Court in the case of Mohsin Ali through Supreme Court Legal Aid Committee vs. State of Uttar Pradesh (Writ Petition No. 260 of 1987) 1987 (4) JT 151 held that in a case of missing person, the habeas corpus petition at this stage is not called for. 7. Accordingly, present habeas corpus petition stands disposed of with an observation that serious efforts be made to trace out the missing person by the police authorities as expeditiously as possible. Order Date :- 11.3.2025 M. Tarik Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad