SUDHARANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this writ petition, the petitioner has sought for a writ of habeas corpus to the respondents to trace her missing husband (aged 45 years) and to produce him before this Court. It is stated that he is missing since August 1, 2013 and though complaint to the police was filed by the petitioner on August 7, 2013, the police have not traced him till date.

(2.) THE police have filed a report by way of an affidavit dated 18.03.2014 stating the efforts made by them to trace the petitioner's husband and that further efforts would be made to trace him.

(3.) LEARNED Additional State Public Prosecutor appearing for the respondents submits that, on the facts of the present case, no writ of habeas corpus could be issued to the respondents as it is not the petitioner's case that her husband has been detained wrongfully by the police or any other person. In support of his submission, he relies on a judgment of this Court dated October 19, 2012 in S.K.Naik Vs. The Police Sub -Inspector (WPHC No.194/2012) and also the judgment of the Calcutta High Court dated June 28, 2013 in Swapan Das Vs. The State of West Bengal [W.P.No.17965 (W) of 2013]. It is relevant to refer to the following observations made by this Court in S.K.Naik :