IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 28TH DAY OF JUNE, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA WP(HC)NO.83 OF 2017 BETWEEN:
SALEEMA BI WIFE OF MULKASAB MANIYAR MOTHER OF VASEEM MULAKA MUNIYAR @ WASIM AHMED, AT POST INDALAGI TALUK INDI, DISTRICT VIJAYAPURA, PRESENTLY AT NO.155, 1ST PHASE 5TH CROSS, WEST OF CHORD ROAD, MANJUNATHNAGAR, RAJAJINAGAR, BENGALURU-560010. ... PETITIONER (BY SMT: SUDHA B, ADVOCATE) AND:
1. THE SECRETARY HOME DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560001.
2.THE DIRECTOR GENERAL OF POLICE NRUPATHUNGA ROAD, BENGALURU.
3.THE SUPERINTENDENT OF POLICE VIJAYAPURA, VIJAYAPURA.
4.THE INSPECTOR OF POLICE INDI RURAL POLICE, VIJAYAPURA DISTRICT.
5.THE INSPECTOR OF POLICE RAMANAGAR, MANDYA DISTRICT. … RESPONDENTS (BY: SRI.E.S.INDIRESH, AGA) THIS WPHC IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF HABEAS CORPUS AGAINST THE RESPONDENTS DIRECTING THE RESPONDENT NO.3 AND 4 TO PRODUCE THE DETENUES VASEEM MULAKA MANIYAR @ WASIM AHMED AND POOJA @ MARIYAM SULTHANA BEFORE THIS HON'BLE COURT; B) THIS HON'BLE COURT BE PLEASED TO PASS ANY ORDER DIRECTING THE RESPONDENT 1 TO 3 TO TAKE STRINGENT ACTION AGAINST RESPONDENT NO.4 POLICE FOR THEIR MISCONDUCT MISUSE OF POWER, DIRECTION OF DUTY FOR NOT ACTING IN ACCORDANCE WITH LAW.
THIS WPHC COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
ORDER Learned Additional Government Advocate Sri. E.S. Indiresh takes notice for the respondents.
This petition is filed seeking for a Writ of Habeas Corpus to produce the detenues, Vaseem Mulaka Maniyar @ Wasim Ahmed and Pooja @ Mariyam Sulthana before this Court.
2. The learned Addl. Government Advocate has filed the status report. The affidavit of the Police Inspector of Indi Rural Police Station, Vijayapura District is placed on record. Therein, it is stated that the detenue Vaseem Mulaka Maniyar @ Wasim Ahmed has been arrested in Crime No.18/2017 of Indi Rural Police Station for the offence punishable under section 363 Indian Penal Code based on the complaint lodged by Sri. Ramesh, S/o. Panduranga Sejolea, Ingalagi Village, Indi Taluk. He has stated that his daughter Kum. Pooja @ Mariyam Sulthana, aged 17 years 10 months was illegally kidnapped by the detenue on 31.3.2017. It is also stated in the affidavit that the daughter of the complainant Kum. Pooja @ Mariyam Sulthana is residing alongwith her parents.
3. In view of the same, it cannot be said that the detenues are in illegal detention. The detention is in accordance with law and based on the crime registered against Vaseem Mulaka Muniyar @ Wasim Ahmed. Hence, we find that no relief could be granted. The petition is accordingly dismissed.
Learned Addl. Government Advocate to file memo of appearance within four weeks.
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JUDGE JUDGE *mn/-