Disposed

Smt Sumithra v. Inspector General of Police

Karnataka HC28 Jun 2021WPHC/53/2021

Case brief

AI extract

What is this about?

In a habeas corpus petition filed by a mother regarding a missing minor girl, the High Court of Karnataka recorded submissions that the child was rescued, produced before the Child Welfare Committee, and the alleged offender remanded. The court disposed of the petition without continuing it.

What did the court decide?

Writ petition disposed of; liberty reserved to apply to Child Welfare Committee for custody.

Smt Sumithra Vs Inspector General of Police — Child Sexual Offences (POCSO) | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF JUNE, 2021

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PRESENT

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THE HON’BLE MR.JUSTICE ARAVIND KUMAR

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AND

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THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA

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WRIT PETITION (HABEAS CORPUS) No.53/2021

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BETWEEN:

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SMT. SUMITHRA, W/O YOGANNA, AGED ABOUT 37 YEARS, R/AT YOGIHALLI VILLAGE, DUDDA HOBLI, HASSAN TALUK, HASSAN DISTRICT, KARNATAKA - 573 220 … PETITIONER

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(BY SMT. AMBIKA.N. FOR SRI. DEVENDRAPPA, ADV.)

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AND:

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INSPECTOR GENERAL OF POLICE, NRUPATHUNGA ROAD, BANGALORE - 01.

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STATE OF KARNATAKA, REPRESENTED BY SECRETARY, HOME DEPARTMENT, 2^ND FLOOR, VIDHANA SOUDHA, BANGALORE - 01.

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THE STATION HOUSE OFFICER, WOMEN POLICE STATION, HASSAN SUB-DIVISION, HASSAN - 573 201.

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SRI. SHARATH, S/O KRISHNE GOWDA, AGED ABOUT 24 YEARS, R/O A.G.KOPPALUR VILLAGE, SHANTHIGRAMA HOBLI, HASSAN TALUK, HASSAN DISTRICT. … RESPONDENTS

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(BY SRI. V.S.HEGDE, SPP-II FOR R-1 TO R-3.)

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THIS PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT/ORDER/DIRECTION IN THE NATURE OF HABEAUS CORPUS DIRECTING THE 3^RD RESPONDENT POLICE TO SEARCH THE WHEREABOUTS OF KUM.XXXX AND PRODUCE HER BEFORE THIS HON’BLE COURT OR BEFORE ANY AUTHORITY AS THIS HON’BLE COURT DEEMS FIT, AFTER SECURING HER PRESENCE IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, ARAVIND KUMAR, J. , MADE THE FOLLOWING:

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ORDER

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This writ petition has been filed by the mother of minor girl Kum.XXX seeking writ of habeas corpus to direct 3^rd respondent - police to search and find out the whereabouts of Kum.XXX and to produce her before this Court.

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On notice being issued, respondents have appeared and today, learned State Public Prosecutor-II has

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made a statement that detenue has been secured. She has been brought before the Court by Sri.Pramod Kumar, Station House Officer (SHO), Women Police Station, Hassan who is investigating Crime No.48/2021 registered by the said police station.

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It is stated by SHO that detenue was traced at Kodigehalli, Bengaluru and she was in the company of 4^th respondent and was taken into custody and present crime number has been converted and registered for the offences punishable under Sections 4 of POCSO Act and 376 of IPC and 4^th respondent has been remanded to judicial custody by the jurisdictional court.

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It is further stated by the Investigating Officer who is present before the Court that minor girl Kum.XXX had been produced before the Child Welfare Committee, Hassan and it has ordered for sending the minor girl to a recognized remand home.

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In view of the above, we do not propose to continue this petition and reserving liberty to the

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petitioner to make appropriate application before the jurisdictional Child Welfare Committee, if so advised, for custody of the minor girl and without expressing any opinion in this regard, we dispose of this petition by recording the aforesaid submission.

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Sd/JUDGE

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Sd/JUDGE

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Smt Sumithra v. Inspector General of Police

Case brief

What is this about?

What did the court decide?

Smt Sumithra v. Inspector General of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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