LAWS(KAR)-2011-12-132

S. SHASHIBHUSHAN S/O LATE S. NARAYANA RAO Vs. THE STATE OF KARNATAKA BY TAVARAKERE POLICE, MAGADI CIRCLE MAGADI TALUK, RAMANAGARAM DISTRICT, THE SUPERINTENDENT OF POLICE MAGADI CIRCLE, MAGADI TALUK RAMANAGARAM DISTRICT AND THE SECRETARY STATE OF

Decided On December 01, 2011
S. Shashibhushan S/O Late S. Narayana Rao Appellant
V/S
State Of Karnataka By Tavarakere Police, Magadi Circle Magadi Taluk, Ramanagaram District, The Superintendent Of Police Magadi Circle, Magadi Taluk Ramanagaram District And The Secretary State Of Respondents

JUDGEMENT

(1.) A writ of habeas corpus is not one to be issued just because some other person presents a petition or even a parent of the missing girl presents a petition for issue of a writ, but there is absolutely no averment or allegation that missing person is in illegal custody of any other person either the wielding authority under the law or private person.

(2.) WHILE a person going missing is undoubtedly a very serious matter and more such occurrences definitely reflects upon the state of law and order and the quality of efficiency of governance, not tracing or not solving such cases yet again reflects on the efficiency of the law enforcement system including the Police.

(3.) THE petition averments is that though the Police have registered the first information report, have not followed up the matter, have not produced any result even after lapse of sufficient time and therefore the present writ petition for issue of a writ of habeas corpus etc.