Dismissed¶51

Shainaz W/O. Khajasab Indikar, v. the State of Karnataka

Karnataka HC12 Aug 2025WPHC/100025/2025

Case brief

AI extract

What is this about?

Habeas corpus writ petition (W.P.H.C.) dismissed after detenue's recovery: Article 226 Constitution of India; NC 2025:KHC-D:10064-DB; High Court of Karnataka Dharwad Bench; petitioner Shainaz w/o Khajasab Indikar; FIR at Kittur Police Station dated 02/08/2025; detenue secured by jurisdictional police and residing with petitioner on her own will; respondents include Jatkar family members (Altaf, Dawalma, Mahaboobi, Rajma, Rasoolsab, Rubina); State of Karnataka, SP Belagavi, PI Kittur; AGA V. S. Kalasurmath; counsel Shriprasad J. Joshi; order per S. Sunil Dutt Yadav J. with Vijaykumar A. Patil J.

What did the court decide?

The Court recorded that both the petitioner and the detenue were present before it and noted their presence. ¶49-50

Shainaz W/O. Khajasab Indikar, Vs the State of… — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC-D:10064-DB WPHC No. 100025 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 12^TH DAY OF AUGUST, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

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W.P.H.C .NO.100025 OF 2025

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BETWEEN:

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SHAINAZ W/O. KHAJASAB INDIKAR, AGE: 42 YEARS, OCC: HOUSEWIFE, R/O. NEAR JODGUMMAT, CHANDABAVADI, VTC BIJAPUR, P.O. BIJAPUR-586101, NOW AT: OLASANG ONI, NEAR MADINA MASJID, GURUWAR PETH, KITTUR, DIST. BELAGAVI-591115.

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…PETITIONER

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(BY SRI. SHRIPRASAD J. JOSHI, ADVOCATE)

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AND:

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench

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THE STATE OF KARNATAKA, THROUGH ITS PRINCIPAL SECRETARY, LAW, JUSTICE AND HUMAN RIGHTS DEPARTMENT, VIDHAN SOUDHA, BENGALURU-01.

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SUPERINTENDENT OF POLICE, S.P. OFFICE, S.P. OFFICE ROAD, SUBHASH NAGAR, BELAGAVI NORTH-590016.

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THE POLICE INSPECTOR, KITTUR POLICE STATION, ARALIKATTI, NEAR KITTUR FORT, KITTUR, DIST. BELAGAVI-591115.

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ALTAF S/O. AMEENSAB JATKAR @ MANAGULI, AGE ABOUT 24 YEARS, OCC: UNEMPLOYED, R/O. HARANSHIKARI GALLI, MADCO GALLI,

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BIJAPUR/VIJAYAPURA-586101, CELL NO.9353166224.

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NC: 2025:KHC-D:10064-DB WPHC No. 100025 of 2025

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HC-KAR

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DAWALMA JATKAR,

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AGE: MAJOR, OCC: UNKNOWN, R/O. UMRAN ROAD, NEAR BILAL MASJID, JATH, DIST. SANGLI, MAHARASHTRA-416404, CELL NO.9763592617.

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MAHABOOBI JATKAR, AGE: MAJOR, OCC: HOUSEWIFE, R/O. UMRAN ROAD, NEAR BILAL MASJID, JATH, DIST. SANGLI, MAHARASHTRA-416404 CELL NO.8867366906.

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RAJMA JATKAR, AGE: MAJOR, OCC: HOUSEWIFE, R/O. UMRAN ROAD, NEAR BILAL MASJID, JATH, DIST. SANGLI, MAHARASHTRA-416404.

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RASOOLSAB JATKAR, AGE: MAJOR, OCC. UNKNOWN, R/O. HARANSHIKARI GALLI, MADCO GALLI, BIJAPUR/VIJAYAPURA-586101, CELL NO.9740503790.

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RUBINA W/O. RASOOLSAB JATKAR, AGE: MAJOR, OCC: HOUSEWIFE, R/O. HARANSHIKARI GALLI, MADCO GALLI, BIJAPUR/VIJAYAPURA-586101, CELL NO.7411342890.

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…RESPONDENTS

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(BY SRI. V. S. KALASURMATH, AGA FOR R1 TO R3)

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THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, 1950, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS OR ANY OTHER WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT NO. 05 TO 09 TO PRODUCE BOTH THE DETENUES BEFORE THIS HON BLE COURT AND ISSUE A WRIT OF HABEAS CORPUS OR ANY OTHER WRIT, ORDER DR DIRECTION DIRECTING THE RESPONDENT NO. 01 TO 03 TO TAKE NECESSARY ACTION TO PRODUCE BOTH THE DETENUES BEFORE THIS HON’BLE COURT AND ETC.

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NC: 2025:KHC-D:10064-DB WPHC No. 100025 of 2025

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HC-KAR

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV

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AND

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV)

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Learned counsel for the petitioner has filed a memo

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which reads as under:

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“The petitioner had filed the top noted writ petition Habeas Corpus seeking direction against the Respondents to get the petitioner’s daughter.

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The petitioner filed an FIR before the jurisdictional Kittur Police Station on 02/08/2025. The copy of the FIR and complaint is furnished herewith for kind perusal of this Honble Court.

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The jurisdictional Police have secured the custody of the daughter of the petitioner and the detenue is now residing with the petitioner on her own will.

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The same may kindly be taken on record and further orders may kindly be passed in the interest of justice and equity.”

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NC: 2025:KHC-D:10064-DB WPHC No. 100025 of 2025

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HC-KAR

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Both, petitioner and the detenue are present before

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the Court and their presence is recorded.

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