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Karnataka High Court

Mr Alphones vs State Of Karnataka on 2 January, 2013

Bench: K.L.Manjunath, H.S.Kempanna

                                1


     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 02ND DAY OF JANUARY 2013

                         PRESENT

        THE HON'BLE MR.JUSTICE K.L.MANJUANTH

                             AND

        THE HON'BLE MR.JUSTICE H.S. KEMPANNA

                    WPHC NO.229/2012

BETWEEN

Mr.Alphones
S/o. I. Antony Pillai
Aged about 52 years
No.2058, 2nd Street
Estancia Tower II
Guduvanchery
Kancheepuram Dist
Tamil Nadu - 631 501.                  ... Petitioner

(By Sri.K.V.Girish, Adv.,)

AND:

1.     State of Karnataka
       By Inspector of Police
       H.A.L. Police Station
       Airport Sub-Division
       Bangalore - 560 037.

2.     Government of Karnataka
       By Principal Secretary
       Home Department
       Vidhana Soudha
       Bangalore - 560 001.
                             2



3.    The Commissioner of Police
      Commissioner's Office
      Bangalore - 560 001.

4.    Mr. Mohamed Ibrahim
      S/o. Ismail Mohadeen
      676, Salma Manzil Street
      Vanchi Nagar, Illanchi
      Thenkasi - 627 811.                ...Respondents.

(By Sri.N.S.Sampangi Ramaiah, HCGP for
R-1 to R-4)

      This WPHC is filed under articles 226 and 227 of
Constitution of India praying to issue a writ of habeas
corpus or appropriate order or direction to respondents
1, 2 and 3 to forthwith locate and trace the petitioner's
daughter A.Azanu and to produce her before Hon'ble
Court and issue a writ of mandamus directing the
respondents Nos.1, 2 and 3 to issue notices and
bulletins to all police stations though the State of
Karnataka as well as in all neighboring States including
the State of Tamil Nadu to secure information about
petitioner's daughter A.Azanu.

     This WPHC coming on for orders this day,
K.L.Manjunath J., made the following:-

                       ORDER

H.A.L. police have produced the records. It reveals the petitioner's daughter has married Mohammed Ibrahim - fourth respondent herein. According to them, the father of Mohammed Ibrahim has filed a habeas corpus writ petition before Madurai Bench, Madras High 3 Court in HCP (MD) No.1382/2012 stating that his son Mohammed Ibrahim is under the illegal custody of the petitioner's daughter and the petitioner.

2. The aforesaid habeas corpus writ petition was filed against the petitioner herein, who is arraigned as fourth respondent in the aforesaid writ petition and the daughter of the petitioner as third respondent. In the aforesaid writ petition, Mohammed Ibrahim and the petitioner's daughter appeared before the Court and they made a submission that they married on 14.11.2012 and that their marriage was registered at the office of Registrar of Marriages at Shengottah and thereafter, they are living happily in Chennail.

3. A true copy of the order passed in the writ petition is also made available before the Court.

4. In view of the disposal of the habeas corpus petition by the Madurai Bench of Madras High Court on 15.11.2012, which is filed by the father of the fourth respondent, this petition does not survive's for 4 consideration, as the petitioner's daughter is not under the illegal custody of the fourth respondent. Accordingly, the petition is dismissed.

Sd/-

JUDGE Sd/-

JUDGE SA