IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 8TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE H.P.SANDESH WRIT PETITION (HC) NO.53 OF 2019 BETWEEN:
SMT.SULOCHANA WIFE OF SRI C.S.SATHYANARAYANA RAO AGED ABOUT 69 YEARS RESIDING AT NO.16/24 17TH ‘A’ CORSS 13TH MAIN ROAD MALLESHWARAM BENGALURU-560 003.
(BY SRI: G.R.ANANTHARAM, ADVOCATE) AND:
1. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU-560 001.
... PETITIONER 2. COMMISSIONER OF POLICE INFANTRY ROAD BENGALURU-560 001.
3. STATION HOUSE OFFICER MALLESHWARAM POLICE STATION BENGALURU.
... RESPONDENTS (BY SRI:SANDESH J.CHOUTA, AAG ALONG WITH SRI:S.V.GIRIKUMAR, AGA) THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS, OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO CAUSE PRODUCTION OF HER HUSBAND, SRI C.S.SATHYANARAYANA RAO WHO HAS BEEN MISSING FROM HOME BY TRACING HIM AND ALLOW THE WRIT PETITION WITH COST.
***** THIS WPHC COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This petition is filed seeking the production of Sri.C.S.Sathyanarayana Rao, who is the husband of the petitioner. It is stated that he has been missing from home since the year 2009. A missing complaint was lodged before the jurisdictional police, but nothing was done. Hence, the instant petition.
2. Notices was ordered on the State. They have filed the status report dated 14.06.2019. They have stated the efforts that have been made to trace out the missing person. That the police personnel have been deputed to search for him. They have visited the complainant’s home and enquired with various relatives also, but they were unable to trace him out. They are also of the opinion that the case has to be closed as not traced and accordingly, Annexure-R1 was issued. The same is filed in the Court.
3. On considering the same, the State was directed to pursue their efforts and to return back to the Court. Again, a second status report was filed on 28.06.2019. Based on the direction of this Court, efforts have been made by the respondents to trace him out. The police personnel were deputed to trace out the missing person. They have visited Mysuru, Tumakuru, Chitradurga and Davangere other than the Bengaluru City to trace him. Statement of all the persons concerned were recorded to throw some light as to the whereabouts of the missing person.
4. The learned Additional Advocate General submits that notwithstanding the status report, a direction will be given to the concerned police officers not to give up the case and to make every efforts to search for the said person.
5. On considering the status report as well as the plea of the petitioner, we do not find any reason to continue the present proceedings. There are two status report filed by the police. We find no grounds to disbelieve the same. The efforts made by the police is not questioned by the petitioner. Under these circumstances, we deem it necessary to close this proceedings with a direction to the police to continue their efforts in order to search Sri.C.S.Sathyanarayana Rao, the missing person.
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JUDGE JUDGE *bgn/-