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Karnataka High Court

P Manjunatha vs State Of Karnataka on 10 December, 2018

Bench: K.N.Phaneendra, K.Somashekar

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

 DATED THIS THE 10TH DAY OF DECEMBER, 2018

                     PRESENT

     THE HON'BLE MR.JUSTICE K. N. PHANEENDRA

                       AND

      THE HON'BLE MR.JUSTICE K. SOMASHEKAR

                WPHC No. 85/2018

BETWEEN

P MANJUNATHA
S/O LATE P PRAKASH
AGED 34 YEARS
R/A NO.2575
RAILWAY GATE ROAD
K. G. KOPPAL
MYSURU-570 009                     ... PETITIONER

(BY SMT. LAKSHMI IYENGAR, SR.COUNSEL, FOR
    SRI. N. GOWTHAM RAGHUNATH, ADV.)

AND

1.    STATE OF KARNATAKA
      BY VIJAYANAGARA POLICE STATION
      5704, 22ND MAIN ROAD
      MANCHEGOWDANA KOPPALU
      VIJAY NAGAR, 2ND STAGE
      VIJAYANAGAR, MYSURU
      KARNATAKA-570 017

2.    ODANADI SEVA SAMSTHE
      (ODANADI SEVA TRUST)
      NO.15/2B, HUNSUR ROAD
      SRS COLONY, BELWADI POST
      HOOTAGALLI, MYSURU
      KARNATAKA-570 018
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3.   MR K V STANLEY
     PRESIDENT
     ODANADI SEVA SAMSTHE
     (ODANADI SEVA TRUST)
     NO.15/2B, HUNSUR ROAD
     SRS COLONY, BELWADI POST
     HOOTAGALLI, MYSURU
     KARNATAKA-570 018

4.   MR M. L. PARASHURAM
     SECRETARY, ODANADI
     SEVA SAMSTHE
     (ODANADI SEVA TRUST)
     NO.15/2B, HUNSUR ROAD
     SRS COLONY, BELWADI POST
     HOOTAGALLI, MYSURU
     KARNATAKA-570 018
                                  ... RESPONDENTS

(BY SRI. SANDESH J. CHOUTA, AAG AND
    SRI. S. V. GIRIKUMAR, AGA FOR R1;
    SRI. SRINIVASA D. C., ADV. FOR R2-R4 )

     THIS WPHC IS FILED UNDER ARTICLES 226 AND
 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF HABEAS CORPUS AND DIRECT THE
1ST RESPONDENT-POLICE STATION TO TRACE AND
PRODUCE THE MISSING GIRLS BEFORE THIS HON'BLE
COURT, ETC.

     THIS WPHC COMING ON FOR ORDERS THIS DAY,
K.N.PHANEENDRA J., MADE THE FOLLOWING:

                      ORDER

We have heard the learned counsel for the petitioner and as well as the learned Addl. Advocate General.

2. This petition is filed seeking issuance of Habeas Corpus directing the 1st respondent-Police to trace and produce the missing girls as noted in the petition, before this Hon'ble Court and also sought for writ of certiorari by quashing 'C' reports filed by the 1st respondent-Police Station bearing Nos. Sam/VNPS/RTI/199/2015, Sam/VNPS/RTI/195/2015, Sam/VNPS/RTI/199/2015 & Sam/VNPS/RTI/203/2015 (Annexure-F, H, K and M). Inter alia the petitioners have also sought for an interim prayer directing the 1st respondent-Police to resume the investigation by re- opening 'C' reports bearing No.Sam/ VNPS/RTI/199/2015, Sam/VNPS/RTI/ 195/2015, Sam/VNPS/RTI/199/2015 and Sam/VNPS/RTI/203/2015 (Annexure-F, H, K and M).

3. The learned Addl. Advocate General has got filed a report by way of an affidavit filed by Shri.B.G. Kumara, son of Govinda Shetty, the Police inspector attached to Vijayanagar Police Station, Mysuru, and he has filed a detailed report, wherein it is specifically stated at Para-18 after quoting the interim order 4 passed by this court at Para-17 that, "immediately after the directions issued by this court, though the missing cases were closed, they were taken for further investigation after being proceeded with the discussion with the higher officers and there were several correspondences between the officers, and a decision was taken to constitute a team in order to trace the missing persons". The said team consists various officers particularly named at Sl. Nos. 1 to 12, in the said report and it is also stated therein at Para-19 regarding the actions taken and efforts made by the Police.

4. Learned Addl. Advocate General also submitted that 'C' reports were already re-opened by the concerned Police and they are further investigating into the matter with all seriousness.

5. Learned counsel for the petitioner has submitted before the court to keep this matter pending for ascertaining further action by way of reports with regard to the investigation done by the Police. In our opinion, it leads to uncertainty. Therefore, we are of 5 the opinion that giving liberty to the petitioner to revive this petition if necessary, in case if the Police do not continue their investigation in order to detect the missing persons. Therefore, we are of the opinion that, for the time being, the matter requires to be closed. Hence, we proceed to pass the following order:

ORDER The petition filed by the petitioner is hereby closed with liberty to the petitioner to revive the petition, if the petitioner finds that the investigation is not progressed, as narrated at Para-18 of the objections statement filed by way of an affidavit by the concerned Police Officer.

Sd/-

JUDGE Sd/-

JUDGE KGR*