Karnataka High Court
Sri S K Naik vs The Police Sub-Inspector, on 19 October, 2012
Bench: D.V.Shylendra Kumar, H.S.Kempanna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 19TH DAY OF OCTOBER 2012
PRESENT
THE HON'BLE MR.JUSTICE D.V. SHYLENDRA KUMAR
AND
THE HON'BLE MR.JUSTICE H.S. KEMPANNA
WPHC NO.194/2012
BETWEEN
1. Sri. S.K. Naik
S/o. Late Krishna Naik
Major
Residing at No.229,
II Floor, Meenakshi Nagar
Kamakshipalya
Near M.E.S. School
Bangalore - 560 079.
2. Veena Kharvi
D/o. Janardhana Kharvi
Major
Near Mahakali Temple
Shanbhogue Compound
Kharvi Keri
Gangolli - 576 216
Kundapur Taluk
Udupi District. ...Petitioners
(By Sri.Arun Shyam M., for
Sri.B.S.Sachin and
M/s.Dharmashree Assts., Advs.,)
2
AND:
The Police Sub-Inspector
Hoskote Police Station
Hoskote
Bangalore Rural District. ... Respondent
(By Sri.H.S.Chandra Mouli, SPP)
This WPHC is filed under Articles 226 and 227 of
the Constitution of India praying to issue a writ in the
nature of habeas corpus or any other appropriate writ,
directing the respondent herein to trace out the
whereabouts of Mr.Nagaraja Naik- the brother and
husband of petitioners 1 & 2 respectively and produce
him before the Hon'ble High Court.
This WPHC coming on for orders this day,
D.V.Shylendra Kumar, J., made the following:-
ORDER
This petition is for issue of a writ in the nature of habeas corpus with certain office objections notified in not having been complied listed before the Court for orders.
2. Learned counsel appearing for the petitioners to look into the defects in the registry in a week's time and production of English translated copy of the Kannada 3 version is dispensed with and we have looked into the Kannada version.
3. Petition is by the brother and wife of one Nagaraja Naik with the averments that the said Nagaraja Naik had married the second petitioner about two years back and they have a child out of the said wedlock. But the said Nagaraja Naik has been missing from his residence at Hoskote, Bangalore North Taluk ever since from 28.5.2011 and a complaint in this regard has been registered on 31.5.2011 with the Hoskote Police. But in no way reminder on the part of the petitioners has been made in tracing and locating the missing person. The present petition is to issue of a habeas corpus and to direct the respondent police to trace and produce the missing person before the Court etc.,
4. We have heard Sri.Arun Shyam M., learned counsel appearing for the petitioners.
5. We find there is absolutely no occasion to issue a writ of habeas corpus, as the writ petitioners do not 4 allege or aver in the petition that the police or any third party has held the missing person in illegal custody.
6. A writ of habeas corpus cannot be issued in respect of any and every missing person more so when no named person is alleged to be responsible for the illegal detention of the person for whose production before the Court a writ is to be issued.
7. It is open to the petitioners to pursue their efforts with the police and otherwise also. But it is not a case for issue of a writ of habeas corpus. Therefore, the writ petition is dismissed.
Sd/-
JUDGE Sd/-
JUDGE SA