SENDAMARAI W/O SRI POOGAVANAM Vs. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY MINISTRY OF HOME VIDHANA SOUDHA BANGALORE 560011, THE COMMISSIONER OF POLICE BANGALORE CIIY AND THE STATION HOUSE OFFICER RAMAMURTHYNAGAR POLICE STATION RAMAMU

JUDGEMENT

(1.) 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:

(2.) 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 custody 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.

(3.) 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.