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Hemalata W/O Pundalik Rasalkar v. the State of Karnataka

Karnataka HC11 Nov 2021WP/104257/2021

Case brief

AI extract

What is this about?

In a writ petition filed under Articles 226 and 227 of the Constitution, Hemalata Rasalkar sought a direction to investigate her husband's disappearance. Petitioner complained of lack of investigation into her missing person complaint filed on 12.11.2018, and the court issued a mandamus directing police to investigate and produce the husband within six months.

What did the court decide?

Mandamus issued directing respondents to investigate the missing person complaint and submit a report within six months.

Hemalata W/O Pundalik Rasalkar Vs the State of… — Writ and Judicial Review | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 11^TH DAY OF NOVEMBER, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION No.104257/2021 (GM-POLICE)

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BETWEEN

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SMT.HEMALATA W/O PUNDALIK RASALKAR AGE 36 YEARS, OCC. HOUSEHOLD WORK, R/O. 404, SAI PLAZA OLD INCOME TAX OFFICE ROAD BEHIND KIMS LADIES HOSTEL, VIDYA NAGAR HUBBALLI

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...PETITIONER

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(BY SMT.SUMANGALA A. CHAKALABBI, ADVOCATE SRI.S.B.DODDAGOUDAR, ADVOCATE)

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AND

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THE STATE OF KARNATAKA R/BY ITS SECRETARY VIDHANA SOUDHA BENGALURU-1

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THE SUPERINTENDENT OF POLICE HUBBALLI, S P OFFICE, NAVANAGAR, HUBBALLI DIST. DHARWAD-580008

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THE POLICE INSPECTOR, OLD HUBBALLI POLICE STATION, HUBBALLI, DIST: DHARWAD

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THE POLICE SUB-INSPECTOR, OLD HUBBALLI POLICE STATION, HUBBALLI, DIST. DHARWAD.

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THE ASSISTANT POLICE SUB-INSPECTOR, OLD HUBBALLI POLICE STATION, HUBBALLI, DIST. DHARWAD.

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…RESPONDENTS

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(BY SRI.V.S.KALASURMATH, HCGP FOR R1 TO R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A DIRECTION, DIRECTING THE RESPONDENT NOS.2 TO 5 TO PRODUCE PUNDALIKA YALLAPPA RASALKAR, AGE 43 YEARS, OCCUPATION, GOVERNMENT SERVANT, BEFORE THIS HON’BLE COURT AND FURTHER DIRECT THE RESPONDENT NO.2 TO 5 TO INVESTIGATE AND SECURE THE CUSTODY OF THE HUSBAND OF THE PETITIONER AT THE EARLIEST AND WITH UTMOST URGENCY AND PRODUCE HIM BEFORE THE THIS COURT.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking for the following relief:

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Issue a direction, directing the respondent Nos.2 to 5 to produce Pundalika Yallappa Rasalkar, age 43 years, occupation, Government servant, before this Hon’ble Court and further direct the respondent Nos.2 to 5 to investigate and secure the custody of the husband of the petitioner at the earliest and with utmost urgency and produce him before the this Court.

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The grievance of the petitioner is that though the petitioner had submitted a complaint regarding the husband of the petitioner being missing on 12.11.2018, no investigation has occurred in relation thereto.

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The same is borne out from the records. Hence, a mandamus is issued. Respondent Nos.2 to 5 are directed to investigate the missing complaint filed by the petitioner on 12.11.2018 registered in as Old Hubballi P.S. Crime No.182/2018 and submit a report as expeditiously as possible within a period of six months from the receipt of the certified copy of this order.

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Sd/JUDGE

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Hemalata W/O Pundalik Rasalkar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Hemalata W/O Pundalik Rasalkar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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