Smt. Sendamarai vs The State of Karnataka

Writ petition by a mother, concerned for her daughter by name Suguna, who is said to be missing from her house ever since 12-10-2011, who left her home at 3.00 pm on that day and having not returned till late hours on that day, and the petitioner having registered a complaint of her daughter missing with the station house officer of Ramamurthynagar police station, Bangalore city on the very next day which was registered in Crime No 328 of 2011, but till date, third respondent police having not traced the daughter of petitioner, the present writ petition for the following prayer:

a) Issue a writ or direction in the nature of Habeaus corpus to the respondents, and direct the 2nd and 3rd respondents to trace out and produce Smt Suguna D/c Petitioner and W/o Sri Magendran aged about 24 years, Residing at No. 12, 2nd Cross, 2nd Main. Subramani Layout, Vijinapura, Dooravaninagar, Bangalore -560 016, herein before this Hon''ble Court forthwith.

b) Consequently release her to liberty by giving her to the custody of the petitioner.

c) Issue any other appropriate writ order or directions as this Hon''ble Court may be please to deem fit to issue in the facts and circumstances of the case including awarding of exemplary cost in the interest of justice and equity.

The matter had been taken up in the morning session today and on noticing that the writ petition did not have any averment of missing person being kept, in the illegal or forcible eustody of any named respondent and Sri Noushad Pasha, learned counsel for the petitioner having asked about the same, learned counsel had expressed his inclination to withdraw the petition and to pursue the matter elsewhere etc. However, for obtaining concurrence of the petitioner, matter had been kept by and is taken up during afternoon session.

Learned counsel for the petitioner now submits that the petitioner has informed him subsequently that she apprehends the possibility of his missing daughter having gone in the company of one Sanjeev Kumar, a colleague who was working at the same workplace where the missing person was working namely M/s Hinduja Global Solutions, Bommanahalli, Hosur Road, Bangalore.

Every missing complaint is sought to be converted into a writ of habeas corpus, but a writ of habeas corpus is not for such purpose. Missing person is a married lady, said to have been given in marriage to the brother of the very writ petitioner and married for about 3 or 4 years, as stated by the petitioner, who is present before the court along with her husband Poongavanam, and her brother Magendran, husband of the missing person.

A writ of habeas corpus cannot also be issued on mere surmises, speculation or for conducting a roving enquiry into all and sundry matters.

It is also averred in the petition that on a written complaint of the petitioner given at the Ramamurthynagar police station, the police have registered a first information report at 12.45 pm on 13-10-2011 and even the said complaint does not make anything about any other person, but stating that the missing person having left the house of the petitioner and having not returned etc.

In the circumstance, there is no need to keep this writ petition pending before this court, as no specific averment of illegal detention or custody has been made at all in the petition. Petition dismissed, reserving liberty to the petitioner to pursue her rights and remedies elsewhere in accordance with law.