JUDGMENT : (PER : HONOURABLE MR. JUSTICE UMESH A. TRIVEDI) 1. This petition under Article 226 of the Constitution of India is filed praying for a writ of habeas corpus directing respondent nos.2 and 3, who are Police Authorities, to produce before the Court the corpus - Jaypal Singh Tanvar, who is in illegal and unlawful custody of respondent nos.4 and 5. 2. Endorsement on the cause list shows that respondent nos.4 to 6 are served by direct service. Respondent nos.1 to 3 are State and Police Authorities. Respondent nos.4 and 5 are persons, who were working as masons alongwith the son and son-in-law of the petitioner. Respondent no.6 is the wife of the corpus – Jaypal Singh Tanvar. Since sister of the corpus as also the corpus and respondent nos.4 and 5 were basically labourers working as masons, they used to go to different places for their livelihood. They also hail from native State of the petitioner i.e. Madhya Pradesh, may be they are staying in adjoining villages. 3. As per the missing complaint No.125/2021 dated 03.10.2021 registered with Pandesara Police Station, it discloses that the corpus – Jaypal Singh Tanvar went missing on 30.09.2021 at about 8:30 a.m. in the morning. The declarant of that missing complaint happens to be the real brother-in-law of the corpus, who is staying just opposite the house of the corpus. Pursuant to the filing of the aforesaid missing complaint, Police Authority swung into action and they started inquiring into it, as per the Standard Operating Procedure, for the missing person. However, petitioner, father of the corpus, though staying at Surat with his daughter, did not file any missing report. However, after about nearly a month, he addressed one communication dated 26.10.2021 to Commissioner of Police, Surat showing as suspect / accused – no one for the alleged offence under Sections 363 and 365 of the Indian Penal Code. In the said communication, he has complained about local police not doing anything despite the missing complaint given. The said application is at page 18 of the compilation. It is stated in that complaint that his daughter called him on 01.10.2021 and informed that respondent no.6 – wife of the corpus reported that corpus has not returned back after he went to work a day before. The said application is at page 18 of the compilation. It is stated in that complaint that his daughter called him on 01.10.2021 and informed that respondent no.6 – wife of the corpus reported that corpus has not returned back after he went to work a day before. Though, it is asserted in the said application that, on 01.10.2021 his son-in-law went to Pandesara Police Station for registering missing complaint but Officer present in the Police Station did not record the same and did not do anything. Therefore, he himself inquired into the missing of his son but he could not find him out. It is further complained that despite repeated visits to the Police Station, only on 03.10.2021 at about 3:30 p.m. missing complaint was registered doing nothing till then. As per the case of the petitioner, he came to Surat on 02.10.2021. It is further disclosed in the aforesaid application that mobile phone, which was being used by the corpus, was not in working condition as two days prior to the corpus went missing, it was not working as it fell down, and therefore, mobile of the corpus was at home. It is further asserted in it that based on such mobile also, Police did not attempt to get phone records and inquire into the said mobile. 3.1 It is further asserted in the application that on his personal inquiry and checking of CCTV cameras, in and around 8:18 on 30.09.2021 Jaypal Singh Tanvar was found standing outside his house and he was seen going walking at about 8:22 a.m. It is further complained that despite there are so many shops and residences around and CCTV cameras are available, owners of the houses and shops refused to show any footage of the same as the petitioner is not known to them. However, it is alleged that Police did nothing in that direction as well. It is further stated that he has no vices. He never used to ask money from any other person nor he lent money to anyone. Therefore, he apprehended that something unusual has happened to his son, and therefore, he requested to inquire into it. The said application dated 26.10.2021 is again presented on 30.10.2021, as coming out from the documents produced alongwith this petition. He never used to ask money from any other person nor he lent money to anyone. Therefore, he apprehended that something unusual has happened to his son, and therefore, he requested to inquire into it. The said application dated 26.10.2021 is again presented on 30.10.2021, as coming out from the documents produced alongwith this petition. Therefore, till 30.10.2021, there was no suspect at all and it was only a missing complaint, even according to the case of the petitioner, in respect of missing of the corpus. However, surprisingly on 18.12.2021, petitioner gave typed complaint addressed to P.I. Pandesara Police station showing present respondent nos.4 to 6 as accused nos.1, 2 and 3 respectively alleging an offence under Sections 365 and 368 of the Indian Penal Code. Up to paragraph 7 of the said complaint, there is repetition of earlier complaint. However, from paragraph 8, a different story has been alleged by the petitioner in the same. He has asserted in the said application that 10 days prior to he went missing, respondent no.4 slapped his son and issued threat of dire consequences. It is further asserted in the said application that three days prior to his son went missing, respondent nos.4 and 5 came to his house at Madya Pradesh and took his motorcycle and went out somewhere. However, when respondent no.5 came to his house, he came to know that respondent no.4 also visited the wife of the corpus. It is further asserted that both respondent nos.4 and 5 appeared frightened and they were in preparation of doing something worst of its kind, and therefore, they were behaving like that. It is further asserted that under the guise of respondent no.4 going to meet his sister, borrowed the motorcycle from the petitioner. Since respondent nos.4 and 5 are staying in nearby village and dispute between respondent nos.4 and 5 and his son is not known to him, the relation with respondent no.4 continued, and therefore, motorcycle was given by him. However, it is asserted that they did not go to his sisters house on motorcycle but thereafter they returned back his motorcycle and immediately left. It is further asserted that they left the village of the petitioner on 25.09.2021 in a bus. However, it is asserted that they did not go to his sisters house on motorcycle but thereafter they returned back his motorcycle and immediately left. It is further asserted that they left the village of the petitioner on 25.09.2021 in a bus. According to the petitioner, from his village to Surat, it takes two days, and therefore, he apprehends that respondent nos.4 and 5 must have reached Surat on 26.09.2021 and thereafter on 30.09.2021 his son went missing. Here it is pertinent to note that the whole theory of the petitioner, in that very paragraph, that three days prior to his son went missing, respondent nos.4 and 5 came to village of the petitioner and borrowed his motorcycle falls to the ground on this very assertion in the application. It is further asserted that the Police Officer, who was inquiring into the missing complaint of his son was also provided mobile number of respondent no.4. It is further asserted that he also called respondent no.4 on the said mobile. On the next day when Police Officer called respondent no.4, both respondent nos.4 and 5 locked their house of Surat and shifted to Madhya Pradesh. 3.2 It is further asserted in paragraph 9 thereof that respondent no.6, who happens to be wife of his missing son, was having good relation with respondent nos.4 and 5. It is further stated that when on 24.09.2021 respondent nos.4 and 5 visited his house at native place Madhya Pradesh, they had come after meeting respondent no.6. These are the sum and substance of the allegations against respondent nos.4, 5 and 6 alleging illegal confinement by them. 4. Pursuant to the petition filed and notice is issued and in compliance to the order dated 22.11.2022, Deputy Commissioner of Police, Crime Branch, Surat filed detailed affidavit of inquiry conducted into the missing complaint of the corpus. It is asserted in the affidavit that upon receipt of the information of missing corpus, Investigating Officer promptly initiated investigation to trace out the corpus by circulating the details of the corpus to all the concerned Police Station, broadcasting into local newspapers and TV Channels. The Investigating Agency obtained the statements of the wife, parents as well as neighbours of the missing corpus, however, no substantial information could be gathered. The Investigating Agency obtained the statements of the wife, parents as well as neighbours of the missing corpus, however, no substantial information could be gathered. On further interrogation, as reflected from the affidavit, of the relatives of the corpus, it was learnt that the missing corpus was working as construction labourer with his friend respondent no.4, who could be the suspect, since the corpus has lastly gone with respondent no.4 at Surat Airport for the purpose of construction work and there some quarrel took place between the corpus and respondent no.4. 4.1 In the cross verification of the said information, one Surendra Raghunathsinh informed the Investigating Agency that he was working with the missing corpus as also respondent no.4 - Rakesh Jagdish Nahal and according to him, no serious quarrel had taken place between the corpus and the said respondent no.4 herein. 4.2 During the course of investigation, the petitioner informed the Investigating Agency that his son is in illegal custody of respondent no.4 and his wife. Pursuant to such information received, the Investigating Agency visited the house of respondent no.4 with local police of Khandwa City. From the spot inspection of the house of respondent no.4, the missing corpus could not be found. The father of the missing corpus also alleged that the wife of the corpus was also one of the suspects since he had suspected her of extra marital affair. On interrogating the wife of the missing corpus, she informed the Agency that her husband told her that he was going for work and he never came since one month of her husband went missing. She has been staying with her mother at Madhya Pradesh. She has also informed the Agency that missing corpus was suffering from psychological disorders for which he has been taking treatment at Abhigam Hospital. The Agency obtained the statement of the concerned Doctor of the said Abhigam Hospital, who attested the said information and confirmed that the missing corpus was suffering from schizophrenia with depressive symptoms from November, 2016 to July, 2021. Under treatment certificate issued dated 22.01.2022 by Dr. Parimal G. Desai, Abhigam Hospital reflects that he examined the corpus last on 26.07.2021 and thereafter he did not report for follow up action. Under treatment certificate issued dated 22.01.2022 by Dr. Parimal G. Desai, Abhigam Hospital reflects that he examined the corpus last on 26.07.2021 and thereafter he did not report for follow up action. 4.3 When such facts came to light with regard to mental disorder suffered by the corpus, the Investigating Agency carried out extensive search of the corpus across the Old Age Homes, Manav Seva Trust and Specially Abeled Children and Ashrams with the details and photographs of the corpus. It is further asserted in the reply that such details were also forwarded to the Medical Officer of Mental Hospital of Ahmedabad and Vadodara, however no substantial information could be gathered. 4.4 It is asserted in the affidavit that vide order dated 01.04.2022, this Court transferred the investigation to Anti Human Trafficking Cell (hereinafter referred to as ‘AHTU’) and CID Crime, Gandhinagar for further investigation. The team of ‘AHTU’ further carried out extensive investigation to trace out the missing corpus by necessary broadcasting across the electronic media. As further asserted in the reply, the team also carried verification of undetected dead bodies found at Surat Civil Hospital and Ahmedabad Civil Hospital. Based on the Aadhar Card number of the missing corpus, it was also verified if the corpus had vaccinated himself against COVID 19 from any of the designated places. 4.5 Despite all efforts made, the corpus could not be found, and therefore, the investigation of the present case came to be transferred to ‘AHTU’ Surat on 27.06.2022. After ‘AHTU’ took over the investigation of the present case, ‘AHTU’, Surat again inquired from the sister, parents as well as neighbours of the missing corpus. The CDR details of the mobile number, being used by the missing corpus, was also obtained from which it was found out that the phone was lying at mobile repairing shop and from the statement of the shop owner, it was learnt that the missing corpus never returned to take his mobile phone back from him. 4.6 As a part of further investigation, a team of ‘AHTU’, Surat was also sent to Madhya Pradesh where the team carried out extensive search and interrogation with the help of local Police. The petitioner provided nine mobile numbers, who according to him were the suspects. The CDR details of all those nine numbers were obtained, however, as reflected in the affidavit-in-reply, no fruitful information could be gathered. The petitioner provided nine mobile numbers, who according to him were the suspects. The CDR details of all those nine numbers were obtained, however, as reflected in the affidavit-in-reply, no fruitful information could be gathered. In short, detailed inquiry into the missing of corpus was and is undertaken by the Investigating Agency. As recorded in the report dated 09.06.2023 produced before the Court, it is recorded that despite verification from the house of respondent no.4, who is the suspected to have illegally confined the corpus, nothing fruitful is found from there so the Investigating Agency concluded that the missing corpus is not in illegal confinement of respondent no.4. 4.7 As referred in the said report, statement of respondent no.6 i.e. wife of the corpus, after corpus went missing was recorded. It is stated that she stayed alongwith her 11 month old child with sister of the corpus, who was staying just opposite her house. However, as coming out from it, while her stay with sister of the corpus, the petitioner – father-in-law of respondent no.6 took up quarrels of and on with her. Therefore, she alongwith her son went to her parental home at Madhya Pradesh. 4.8 The factum of corpus suffering from schizophrenia with depression symptom is first disclosed by his wife and not by the petitioner at any point of time. 4.9 Not only that, the report dated 09.06.2021 revealed that ‘AHTU’ has recorded statements of respondent nos. 4, 5 and 6 who are staying at Madhya Pradesh, in person wherein it is disclosed that respondent nos.4 and 5 were staying on rent at two minutes walking distance from the house of the corpus as also his real sister. It is further disclosed that parents of the corpus were also staying with the corpus. He has stated that respondent nos.4 and 5 knows all of them. He has further stated that statements of respondent no.4 and 5 were recorded by Pandesara Police Station. He has further divulged that younger brother of the corpus was suffering from mental sickness and he committed suicide by jumping on the railway track near Kamgaon Railway line passing through Indore – Khandwa. Therefore, he has apprehended that because of his mental illness he might have went missing. He has further divulged that younger brother of the corpus was suffering from mental sickness and he committed suicide by jumping on the railway track near Kamgaon Railway line passing through Indore – Khandwa. Therefore, he has apprehended that because of his mental illness he might have went missing. The report further states that out of nine mobile numbers given by the petitioner, four mobile numbers, who owned it were called for the purpose of interrogation and they were shown photographs of the missing person with name and address. However, they claim that they don’t know him and has ever seen him. Since the missing person was suffering from mental illness, Hospitals in Madhya Pradesh as also Civil Hospital, Surat City and Surat City Indian Medical Association were also provided with the details of the missing person with photographs, name and addresses as well with a request to inform the Police, if he is found. 4.10 Other persons whose mobile numbers were given by the petitioner is found to be of the mobile repairer, who is having his shop near the house of the missing person. Another number was found to be owned and used by petitioner himself. Despite all efforts made, there is nothing which throws light on the missing person. Therefore, all Superintendent of Police of Districts all over the States have been informed about the missing person. Even Districts in neighbouring States have also been informed about the details of missing person and to inform them in case any one notices missing person. They have even attempted to find out from the dead bodies of unknown persons as and when found. From the detailed reports and affidavit, it appears that Investigating Authority has exhausted themselves in finding out the missing person and at all probable places they have inquired into but without any fruitful result. 4.11 They have also ruled out the theory that respondent nos. 4 to 6 might have kept the corpus in illegal confinement. They have left no stone unturned to find out the missing person. They have done almost everything, which they can do. Even the Investigating Authority, as reported by PI, AHTU Crime Branch Surat City, price amount of Rs.20,000/- is also declared to either person who can find out the corpus or give any leading information in direction thereto. 5. We are satisfied with the efforts made by the Investigating Authority. They have done almost everything, which they can do. Even the Investigating Authority, as reported by PI, AHTU Crime Branch Surat City, price amount of Rs.20,000/- is also declared to either person who can find out the corpus or give any leading information in direction thereto. 5. We are satisfied with the efforts made by the Investigating Authority. However, they may continue to make efforts. We hereby close this petition praying to issue writ of habeas corpus as respondent nos.4 to 6 have not illegally confined the corpus. The same is found to be incorrect as stated hereinabove. 6. In view thereof, we reject this petition. Notice is discharged.