Brother filed a habeas corpus petition alleging police inaction in tracing his missing sibling. Police filed an affidavit reporting ongoing investigation. Finding no reason to keep the petition pending or issue directions, the court dismissed it while noting investigation may continue.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR JUSTICE M.I.ARUN
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
W.P.H.C. NO.100002 OF 2024
BETWEEN:
SHRI BIRAPPA S/O SHIDRAM YALLAMMANAGUDI AGE. 38 YEARS, OCC. CONTRACT-BASED VERTERNARY COMPOUNDER, R/O. CHAMAKERI, TQ. ATHANI, DIST. BELAGAVI-591248.
…PETITIONER
(BY SRI SHIVARAJ P MUDHOL, ADVOCATE)
AND:
M.S.BUILDING, BENGALURU.
Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI G. K. HIREGOUDAR, GOVERNMENT ADVOCATE)
THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF HABEAS CORPUS DIRECTING THE RESPONDENTS TO PRODUCE SRI. BHIMAPPA S/O SIDRAM YALLAMMANDUDI AGED ABOUT 30 YEARS, RESIDENT OF SUTTATTI VILLAGE, TQ. ATHANI, DIST. BELAGAVI BEFORE THIS HON’BLE COURT FORTHWITH.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, M.I.ARUN, J., MADE THE FOLLOWING:
ORDER
On the ground that a person by name Sri Bhimappa S/o.Sidram Yallamanagudi, aged about 30 years went missing and inspite of complaint, the jurisdictional Police have not taken steps to trace him, the present habeas corpus petition is filed by the brother of the missing person.
jurisdictional Sub-Inspector of Police, we do not find any reason as to why the habeas corpus petition has to be kept pending and in our opinion, under the circumstances, no directions are required to be issued to the jurisdictional Police.
petition will not come in the way of Police conducting the necessary investigation to trace the missing person.
Sd/JUDGE
Sd/JUDGE
CKK
LIST NO.: 1 SL NO.: 10
1 issue framed by the court
Whether directions were required to police who had not traced a missing person despite complaint, in a habeas corpus petition.
1 provisions across 1 enactments
Shri Birappa s/o Shidram Yallammanagudi
The State of Karnataka represented by its Secretary Department of Home
The Superintendent of Police Belagavi
The Deputy Superintendent of Police Athani
The Circle Inspector (CPI) Athani Police Station
Police Sub-Inspector (PSI) Aigali
M.I.Arun
Umesh M Adiga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
