IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR.JUSTICE K.N.PHANEENDRA AND THE HON’BLE MR. JUSTICE B.A. PATIL WPHC NO.124/2018 BETWEEN:
Pavan H.E., S/o H.Y. Eswara Aged about 23 years R/at Pooja Nilaya 4th Main, 4th Cross, Mahalakshmi Nilaya Tumkur-572 103.
(By Sri. M. Shashidhara, Advocate) AND:
… Petitioner 1. State Government of Karnataka Represented by Secretary Home Department Vidhana Soudha, Bengaluru.
2. Superintendent of Police Tumkur District Tumkur.
3. Circle Inspector of Police Tumkur Taluk, Tumkur.
4. Sub-Inspector of Police N.E.P.S., Tumkur.
(By Sri E.S. Indiresh, AGA) …Respondents This WPHC is filed under Articles 226 and 227 of the Constitution of India praying to issue a writ in the nature of Habeas Corpus directing the respondents to produce the petitioner’s father by name H.Y. Eshwar, aged about 57 years before this Hon’ble Court and thereafter pass such appropriate order in the interest of justice.
This WPHC coming on for Orders this day, K.N.Phaneendra J. made the following:-
ORDER Heard the learned counsel for the petitioner and the learned Additional Government Advocate. Perused the petition.
2. There is absolutely no averments in the petition that the alleged Detenue is in illegal custody of anybody much less any police etc.,. However, the petition averments only shows that a missing complaint has been filed before the competent police station for search of father of the petitioner.
3. Unless there is a mention in the petition that the petitioner reasonably suspects that the Detenue is in unlawful and illegal custody of anybody, the petition cannot be maintained.
4. Therefore, with liberty to petitioner to approach the Competent Authority or the Court, this petition is dismissed.
Sd/- JUDGE Sd/- JUDGE *AP/-