IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.52860 OF 2014 (GM-POLICE) BETWEEN:
MRS. YASHODHA D/O. LATE NARASHIMALU AGED ABOUT 52 YEARS #147 E, RAILWAY QUARTERS BENSON TOWN NANDIDURGA ROAD CANTONMENT BANGALORE-560 046. ... PETITIONER (BY SRI S.A.H. RAZVI, ADV. FOR M/S. PRIME LAW ASSOCIATES) AND:
1. STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY VIDHANA SOUDHA BANGALORE-560 001.
2. DG & IG OF POLICE NRUPATHUNGA ROAD BANGALORE-560 001.
3. STATION HOUSE OFFICER JEEVENBHIMANAGAR POLICE STATION BANGALORE-560 075. ... RESPONDENTS (BY SRI A.S. PONNANNA, ADDL. ADVOCATE GENERAL FOR SMT. NILOUFER AKBAR, A.G.A.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO TRACE HER SON BY INVESTIGATING CRIME NO.363/2011 REGISTERED BY THE JEEVAN BHIMA NAGAR POLICE STATION AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri S.A.H. Razvi for M/s. Prima Law Associates, learned counsel for petitioner. Sri A.S. Ponnanna, learned Additional Advocate General for Smt. Niloufer Akbar, learned Additional Government Advocate for respondents.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia has prayed for the following reliefs:
“a. Direct the respondents to trace her son by investigating Crime no.363/2011 Registered by the Jeevan Bhima Nagar Police station.
b. Direct the First respondent to formulate a standard operating procedure on how investigation are to be made in missing complaints.
c. Award compensation for the mental torture.
d. Pass such other orders as this Hon’ble Court may deem fit in the interest of justice and equity.”
3. In compliance of the order dated 22.02.2019, the Deputy Commissioner of Police is present. Learned Additional Advocate General has filed a status report with regard to the efforts made by them to trace out missing son of the petitioner. The aforesaid report is taken on record.
4. After hearing the learned counsel for the parties and from the perusal of the status report, it is evident that son of the petitioner is missing for more than seven years and the respondents have made all the efforts to trace out the son of the petitioner, who is missing. Thus, a presumption in law arises that the son of the petitioner is no more.
5. At this stage, learned Additional Advocate General submits that he shall file the ‘C’ Report before the Magistrate, after supplying a copy to the petitioner within a period of two weeks from today.
6. In view of the aforesaid submission, the writ petition is disposed of with liberty to the respondents to file the ‘C’ Report before the concerned Magistrate after supplying a copy of the same to the petitioner.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE ST