IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 30th day of March, 2017 PRESENT:
THE HON’BLE MR SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR JUSTICE P S DINESH KUMAR Writ Appeal No.1524/2017 BETWEEN:
L.J. MALATHI D/O.JANARDHANA C/O.KRISHNAMURTHY AGED ABOUT 46 YEARS No.17,1ST FLOOR, SURABHI LAYOUT JAKKUR MAIN ROAD, SHIVANAHALLI YELAHANKA, BANGALORE NORTH - 560 067 MB:8277564749 ... APPELLANT (PARTY-IN-PERSON) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BANGALORE - 560 001 2. THE INSPECTOR OF POLICE CHIKKAJALA POLICE STATION CHIKKAJALA,BANGALORE - 562 157 3. THE INSPECTOR OF POLICE BAGALURU POLICE STATION BANGALORE NORTH BANGALORE - 562 149 4. THE DEPUTY COMMISSIONER OF POLICE KODIGEHALLI BANGALORE-560 064 ...RESPONDENTS (By Shri. V. SREENIDHI, AGA) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO a) SET ASIDE THE ORDER IN WP NO.(H.C) NO.138/2016 ORDER DATED 18/11/2016 b) DIRECT THE RESPONDENTS NO.1 TO 4 TO PRODUCE THE APPELLANT'S SON M.SANDEEP BEFORE THIS HON'BLE COURT AND RELEASE HIM TO LIBERTY BY GIVING IN MY CUSTODY c) TO DIRECT THE LOWER COURT OF JMFC IN CRIME NO.135/2015 AND CRIME NO.279/2011 PENDING BEFORE THE HON'BLE XI ACMM AT BANGALORE d) TAKE LEGAL ACTION AGAINST THE RESPONDENT NOS.1 TO 4 IN ACCORDANCE WITH LAW.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE CHIEF JUSTICE DELIVERED THE FOLLOWING:-
J U D G M E N T This appeal is not maintainable, as, this is an appeal against an order of a Division Bench of this Court dismissing a petition for habeas corpus.
2. The appellant, who is appearing as party-in- person, has alleged that her son has been kidnapped.
3. The son of the appellant, who is a major, was produced before the Division Bench while hearing the habeas corpus petition. He submitted that he was never kidnapped, but his mother has been harassing him.
4. In these circumstances, we hold that this proceeding is a mischievous one.
5. Therefore, we dismiss the appeal as not maintainable.
6. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE cp*