IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.11839 OF 2017 (GM-RES) BETWEEN:
VEDAMURTHY S S/O MR G SOMASHEKARAPPA AGED 31 YEARS OCCUPATION: CHARTERED ACCOUNTANT RESIDING AT NO 6A, 3RD CROSS KIADB CROSS, NEAR TVS CROSS PEENYA, BENGALURU – 560058.
(BY MR. MADHAV KASHYAP, ADV., FOR MR. PRASANNA KUMAR P, ADV.,) AND:
1. STATE OF KARNATAKA BY SECRETARY HOME DEPARTMENT VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU – 560001.
2. KARNATAKA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS 4TH FLOOR, KRISHI BHAVAN NRUPATHUNGA ROAD RANICHANAMMA CIRCLE BENGALURU - 560002 REPRESENTED BY ITS CHAIRPERSON.
3. DEPUTY COMMISSIONER OF POLICE SOUTH SUB DIVISION SOUTH END CIRCLE JAYANAGAR, BENGALURU – 560011.
… PETITIONER 4. INSPECTOR OF POLICE JAYANAGAR POLICE STATION BENGALURU – 560011.
5. SMT. JEEVITHA C W/O MR S VEDAMURTHY AGED 30 YEARS OCCUPATION: PRIVATE SERVICE RESIDENT OF NO 51/1A, 5TH MAIN ROAD 7TH BLOCK JAYANAGAR BENGALURU – 560082. … RESPONDENTS (BY MR. VISWANATH SETTY V, ADV., FOR C/R5 MR. Y.D. HARSHA, AGA FOR R1 TO R4 SMT. B.V. VIDYULATHA, ADV., FOR R2 (ABSENT)) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE INTERIM ORDER DTD.10.3.2017 PASSED IN KCPCR NO.65/2017 BY THE R-2 VIDE ANNEX-K TO THE W.P. GRANT AN INTERIM ORDER TO STAY THE OPERATION AND EXECUTION OF THE ORDER DTD.10.3.2017 PASSED IN KCPCR NO.65/2017 BY THE R-2 VIDE ANNEX-K TO THE W.P. AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Madhav Kashyap, learned counsel for Sri.Prasanna Kumar P., learned counsel for the petitioner.
Sri.Y.D.Harsha, learned Additional Government Advocate for the respondent Nos.1 to 4.
Sri.Viswanath Setty V, learned counsel for the respondent No.5.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks a writ of certiorari for quashment of the interim order dated 10.03.2017 passed by the Karnataka State Commission for Protection of Child Rights (hereinafter referred to as ‘the Commission’ for short) by which the Commission has directed the petitioner herein to handover the custody of the girl child to the respondent No.5 – mother of the child.
4. I have heard the learned counsel for the parties.
Learned counsel for the parties fairly did not dispute the well settled legal position that the respondent No.2 has no authority in law to issue the impugned direction contained in the order dated 10.03.2017.
5. In view of the aforesaid submissions and taking into account the fact that the respondent No.2 has no authority in law to issue the impugned direction directing handing over of custody of the child and for the reasons assigned in the order dated 07.02.2019 in W.P.No.1372/2019, the impugned order dated 10.03.2017 is quashed and set aside. Needless to state that the respondent No.5 shall be at liberty to take recourse to such remedy as may be available to her under the law seeking custody of the child.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE RV