Arka Foundation ( A D R) 11 August 2010

Missing Case - Family Matter

My sister is missing from my house from past one year(Aug 1st 2009),

We have dout on one guy from our Apartments.

We cant assume what happened to my sister.

We asked his parents they say "our son is innocent & dont do such things, more over

she supports that if at all he done so, he may take care of her, very well".

We dont have any proof about their relationships. Because of this my entire family(Father Mother,

Grandma, Elder Sister, Brother) is in trouble. For our future relations to be better in the society we did not made this issue big & did not file any complaints on any one

Assuming that he(suspected person) may be in danger from us he has transferred job to another state.

We are watiting for my sister, assuming that she may return to house at any time the days rolling over but she hasnt turned up.

Till no i handle the situation very softly, but the other party(guy;s mother) not supporting us to do anything

My question:

After completion of on year, can i file a case on the suspected person,

If so what is the case that i can file.

Your answers woudl be highly appreciated

Gagan

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4 Replies

Raj solanki (Advocate) 11 August 2010

yes you can file criminal case against the suspected guy in a local police station or higher police authority if the police do not find or do not take any action against the suspect then you may go direct to high court and can file a writ of habeas corpus.

I am sure that the concerned High court will take proper action and you will get proper report about your sister.

(Guest)

"For our future relations to be better in the society we did not made this issue big & did not file any complaints on any one......."

1. So you care more about SOCIETY and YOUR RELATIONS WITH SOCIETY and not about your own BLOOD SISTER !

2. I can't believe this brief my dear friend. Here we are not talking of deserting spouse we are talking of an adult (probably) or (minor (probably) sister for god sake and 1 year almost passed ideating about merits and demerits of Writ of Habeaus Corpes !. It will be thrown out at admission stage itself is my guess. Wake up folks even for deserting spouse and/or family members for god sake in such situations ?

3. It is other matter that if your sister is adult (major) she has a fundamental right to make a choice but based on your stated brief above comments are being made.

adv. rajeev ( rajoo ) (practicing advocate) 12 August 2010

You can lodge a complaint before the police that your sister is missing by giving a foto of her and her details. You can also file kidnap case against the neigbour guy on whom your suspecting. After one year you cannot do it so if you want to take any decision take it immediately.