KENCHAMMA W/O LATE CHALLAIAH Vs. GOVT. OF KARNATAKA BY PRINCIPAL SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BANGALORE - 560 001, STATE OF KARNATAKA BY BYAPPANAHALLI POLICE STATION REP: BY ITS STATE PUBLIC PROSECUTOR AND SHRI, KODANDA S/O LATE KODA

JUDGEMENT

(1.) WE find more misuse and abuse of the constitutional remedy of issue of a writ of habeas corpus than proper use of this very effective remedy provided to the citizens of the country under our Constitution, in situations where any citizen or any person is kept in illegal custody by any other person whether by using the State force or private individuals.

(2.) EVERY situation of a missing person is sought to be converted into a writ petition for issue of a writ of habeas corpus. Family feuds are brought before the court in the form of a petition for issue of a writ of habeas corpus. While the efficiency level of the investigating agencies, their sincerity and even many a times their bonafides may not be up to the desired levels or expected levels, it does not mean that every situation of any deficiency or lacking in investigating a crime can be converted into a subject matter for issue of a writ of habeas corpus.

(3.) IN this regard, petitioner had given a missing complaint on 4.3.2011 with Byappanahalli Police and the Police not having made any head way, has approached this court seeking for the following relief: