IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 29TH DAY OF MAY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE H.P.SANDESH WRIT PETITION (HC) NO.39 OF 2019 BETWEEN:
SRI SYED HAFEEZ SON OF SRI SYED ABDUL JABBAR, AGED ABOUT YEARS, RESIDING AT NO.210, MALIK SAHEB ROAD, AYOTHI DASS NAGAR, DEVARJEEVANAHALLI, BENGALURU-560 045. ... PETITIONER (BY SRI ARUN K.S., ADVOCATE FOR SRI PRADEEP C.S., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER, BANASHANKARI POLICE STATION, BENGALURU.
2. SRI ABDUL GAFFAR SON OF NOT KNOWN TO THE PETITIONER, AGED ABOUT 55 YEARS.
3. SMT. NOORJAHAN WIFE OF SRI ABDUL GAFFAR, AGED ABOUT 50 YEARS.
BOTH ARE RESIDING AT NO.155, 6TH CROSS, YARAB NAGAR, BSK II STAGE, NEAR GUBA MASJID, BENGALURU.
(BY SRI SANDESH J. CHOUTA, AAG FOR SRI S.V. GIRIKUMAR, AGA) ... RESPONDENTS THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS OR ANY OTHER WRIT, ORDER OR DIRECTION DIRECTING THE 1ST RESPONDENT POLICE TO TRACE THE MISSING PERSONS AND TO PRODUCE THEM I.E., THE WIFE AND CHILD OF THE PETITIONER BEFORE THE COURT AND PERMIT THE PETITIONER TO TAKE THE CUSTODY OF HIS WIFE AND CHILD BY INITIATING NECESSARY ACTION.
***** THIS WPHC COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This petition is filed seeking for a writ of habeas corpus for production of petitioner’s wife and child. It is his case that they have been illegally detained by respondents 2 and 3 who are the parents and his wife.
2. Presently, a memo is filed on behalf of respondent No.1 enclosing the copy of the NCR No.57 of 2019 dated 8-5-2019 indicating that the detenue namely, the wife has given a complaint stating that her husband – the petitioner has deserted her and her child. The said complaint is not disputed by the petitioner’s husband. Under these circumstances, we do not find any good ground to proceed further in the matter. Petition is dismissed.
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JUDGE JUDGE rsk/-