IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 PRESENT THE HON’BLE MR. JUSTICE K.N. PHANEENDRA AND THE HON’BLE Dr. JUSTICE H.B. PRABHAKARA SASTRY WPHC NO.35/2019 BETWEEN:
SRI R.DURAI S/o. LATE RAJAMANI AGED ABOUT 46 YEARS R/AT NO.361, 4TH MAIN 6TH CROSS, PRAKASH NAGAR BENGALURU – 560 021 … PETITIONER (BY SRI. M. S. NAGARAJA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY THE SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001 2. THE DIRECTOR GENERAL & INSPECTOR GENERAL OF POLICE NRUPATHUNGA ROAD BENGALURU – 560 001 3. THE COMMISSIONER OF POLICE INFANTRY ROAD, BENGALURU CITY BENGALURU - 560 002 4. THE INSPECTOR OF POLICE RAJAJINAGAR POLICE STATION RAJAJINAGAR, BENGALURU - 560 010 RESPONDENT NOS.1 TO 4 ARE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001 5. KISHORE KUMAR S/O SRI KATHIRVAN AND SMT. SANGEETHA AGED ABOUT 21 YEARS R/AT NO.94, POST OFFICE ROAD R.M.S.COLONY, NANJI KOTTAI ROAD TANJAVUR, TAMIL NADU - 613 006 … RESPONDENTS (BY SRI. SANDESH J. CHOUTA, AAG, ALONG WITH SRI. S. V. GIRI KUMAR, HCGP FOR R-1 TO R-4) THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF HABEAS CORPUS OR ANY OTHER WRIT OR ORDER OR DIRECTION BE ISSUED TO THE RESPONDENTS 1 TO 3 TO TAKE NECESSARY ACTION AGAINST RESPONDENT NO.4 AND SECURE THE LIFE AND LIBERTY OF THE DETENUE KUMAR NIVEDHA SHREE D.
THIS WPHC COMING ON FOR ORDERS THIS DAY, K.N. PHANEENDRA, J., MADE THE FOLLOWING:
ORDER Office objections over-ruled.
2. Heard the learned counsel for the petitioner and the learned Additional Advocate General for the State.
Perused the status report, particularly at paragraph Nos.15 to 17 filed by way of affidavit on behalf of respondent No.3.
3. The State has specifically stated that they have actually traced the alleged detenue, who has been residing with one Mr.Kishore Kumar along with his parents. The police also found that the alleged detenue and Mr.Kishore Kumar had already married on 8.3.2019 and they requested to close the missing complaint filed by detenue’s father. In this connection, the statement of the missing person was also recorded in the presence of her parents and also in the presence of parents of Mr.Kishore Kumar. Under the circumstances, the alleged detenue is not in illegal or unlawful custody of any person as per the statement of her own recorded in the presence of her parents by the Police that she has already married one Mr.Kishore Kumar and living happily with him.
4. In view of the above said statements of status report submitted and by serving a copy on the other side, learned Counsel for the petitioner submits that he does not want to press the petition any more.
5. In the above said circumstances, the petition deserves to be dismissed as not pressed. Accordingly, dismissed.
Sd/- JUDGE Sd/- JUDGE cp*