Antony Dominic, J. The petitioner is the mother of Shaji Muttil, aged 39 years. According to her, her son is missing since 25.03.2014 and she suspects that he is under the illegal custody of respondents 4 and 5. With this allegation, she has filed this writ petition seeking to issue a writ of Habeas Corpus.
2. We heard the learned counsel for the petitioner, the learned Government Pleader appearing for respondents 1 to 3 and also the learned counsel appearing for respondents 4 and 5. Instructions obtained by the learned Government Pleader and the submission made by the learned counsel for respondents 4 and 5 show that the petitioner's son had accompanied the 5th respondent, who was the driver of a lorry bearing registration No. KA -01-6825 owned by the 4th respondent, as a cleaner of the vehicle on 25.03.2014. It is stated that they were together till 29.03.2014, when the petitioner's son was found to be missing. The 5th respondent made enquiries to trace him out and he reported the matter to the Jigni Police Station near Bangalore. It is also stated that the matter was informed to the 4th respondent who in turn informed the matter to the petitioner. Parties also state that the petitioner herself also lodged a complaint at the Jigni Police Station and that it is at that stage this writ petition is filed.
3. Apart from making a vague allegation that her son is under the illegal custody of respondents 4 and 5, not only that the petitioner has not produced any material substantiating her claim, but also even during arguments, the counsel conceded that the said assertion was made based only on the presumptions of the petitioner. Therefore, this is a case where the allegation of illegal detention is entirely unsubstantiated one. On the other hand, we are inclined to think that this is a case of man missing.
In such a situation, we are unable to entertain the writ petition with a prayer for a writ of habeas corpus, but can only leave the petitioner to pursue her case before the appropriate police authorities for the redressal of her grievance.
sd/- ANTONY DOMINIC, JUDGE.
sd/- ALEXANDER THOMAS, JUDGE.
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