Dismissed

D Nagarjun S/O D Hanumanthappa v. Director General of Police

Karnataka HC8 Jan 2024WPHC/100001/2024

Case brief

AI extract

What is this about?

A writ petition under Article 226 was filed by a husband for habeas corpus to produce his wife, alleging she was in illegal custody of her parent's family. The Court noted the wife was produced before it and voluntarily stated she was with her parents, not forcefully taken. Consequently, the petition was dismissed.

What did the court decide?

The habeas corpus petition stands dismissed as the petitioner's wife was produced before the Court and denied forceful custody.

D Nagarjun S/O D Hanumanthappa Vs Director… — Writ and Judicial Review | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:345-DB WPHC No. 100001 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 8^TH DAY OF JANUARY, 2024

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PRESENT

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THE HON'BLE MR JUSTICE S G PANDIT

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AND

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THE HON'BLE MR JUSTICE K V ARAVIND

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WRIT PETITION HABEAS CORPUS NO.100001 OF 2024

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BETWEEN:

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D. NAGARJUN S/O. D. HANUMANTHAPPA, AGED ABOUT 27 YEARS, OCC. BUSINESS, HOUSE NO.578, 10^TH WARD, DANDER ONI, HOSPET, HOSPET, BALLARI, KARNATAKA-583201.

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…PETITIONER

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(BY SRI. M.SHARASS CHANDRA, ADVOCATE)

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AND:

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DIRECTOR GENERAL OF POLICE, BANGALORE, KARNATAKA STATE.

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CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2024.01.12 15:13:02 +0530

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SUPERINTENDENT OF POLICE, VIJAYANAGARA DISTRICT.

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INSPECTOR OF POLICE, HOSPET TOWN P.S.

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G. BHARAMALINGAN GOUD, S/O G. SHANKAR GOUD, AGE. 55 YEARS, HOUSE NO.615, 18^TH WARD, EX-MLA G. SHANKAR GOUD HOUSE, OLD MEDAR ROAD, KURUBARA ROAD, HOSPET, HOSPET, VIJAYANAGAR, KARNATAKA-583201.

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…RESPONDENTS (BY SRI. G.K. HIREGOUDAR, GOVT. ADV. FOR R1 TO R3, SRI. ARUN L. NEELOPANT AND SMT. KAVITA S. JADHAV, ADVOCATES FOR R4)

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2 - NC: 2024:KHC-D:345-DB WPHC No. 100001 of 2024

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THIS WPHC FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING THIS HON’BLE COURT PLEASED TO, ISSUE THE WRIT OF HABEAS CORPUS DIRECTING THE RESPONDENTS TO PRODUCE THE PETITIONER’S WIFE SMT.ANJALI G., AGED ABOUT 23 YEARS BEFORE THIS HON’BLE COURT, AND THEREAFTER TO PASS SUCH APPROPRIATE ORDER, IN THE INTEREST OF JUSTICE.

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THIS WPHC COMING ON FOR ORDERS, THIS DAY, S G PANDIT J., MADE THE FOLLOWING:

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ORDER

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This habeas corpus petition is filed under Article 226

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of the Constitution of India with a prayer to direct the respondents to produce the petitioner’s wife Smt.Anjali G., before this Court.

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Heard learned counsel Sri M.Sharass Chandra for the petitioner through video conferencing, learned Government Advocate for respondent Nos.1 to 3 and learned counsel Sri Arun L.Neelopant for respondent No.4.

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Learned counsel for the petitioner submits that

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the petitioner married one Smt. Anjali on 07.07.2023. It is submitted that the family members of wife of petitioner forcefully taken away Smt. Anjali, wife of the petitioner

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3 - NC: 2024:KHC-D:345-DB WPHC No. 100001 of 2024

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and she is in illegal custody of her family members. Learned counsel would submit that the custody of

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Smt.Anjali G. be handed over to the petitioner-husband of Smt.Anjali G.

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This Court on 03.01.2024, directed learned Government Advocate to take notice for respondent Nos.1 to 3 and the matter was adjourned today. Today, Smt.Anjali G. is produced before this Court by Sri Balanagouda S.M., SHO, Hosapete Town Police Station along with woman Police Constable-Kumari Nandini.

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Smt. Anjali G., who is produced before this Court, has made voluntary statement before the Court that, on her own, she is with her parent and she is not taken away forcefully by her parents as alleged. The said statement is placed on record.

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The writ petition for habeas corpus would no more survive for consideration. It is open for the petitioner to work out appropriate remedy before appropriate forum.

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NC: 2024:KHC-D:345-DB WPHC No. 100001 of 2024

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With the above, habeas corpus petition stands

dismissed.

Sd/JUDGE

Sd/JUDGE

CLK

LIST NO.: 1 SL NO.: 21

D Nagarjun S/O D Hanumanthappa v. Director General of Police

Case brief

What is this about?

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D Nagarjun S/O D Hanumanthappa v. Director General of Police

Case brief

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