LAWS(KAR)-2024-11-25

SHAKILA WILLIS Vs. STATE OF KARNATAKA

Decided On November 15, 2024
Shakila Willis Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner on the office objection regarding maintainability of the petition. It is stated that the petitioner should have filed the writ petition and not the criminal petition under Sec. 482 of Cr.PC. Learned counsel submits that there is extreme urgency in the matter as the petitioner is seeking direction to respondent No.3 to issue permission to accompany the dead body of her husband for transportation to UK for the purpose of performing last rituals. Considering the urgency in the matter, the office objection is ignored.

(2.) Heard Sri Arun K.S. learned counsel for the petitioner, Sri. Rangaswamy, learned High Court Government Pleader for respondent No.1 and Sri. H. Shanthi Bhushan, learned Deputy Solicitor General of India for respondent Nos. 2 and 3. Perused the materials on records.

(3.) It is the contention of the petitioner that she is the wife of the deceased David James Willis, a British citizen. He died on 2/11/2024 at Kolkata. As per Annexure-F, Foreigners Registration Office, Moyna, Barasat, West Bengal, issued No Objection Certificate to transport the dead body of the decease to his native country. Therefore, the petitioner, being the wife of the deceased is seeking direction to respondent No.3 to issue permission to accompany the dead body of her husband to UK for the purpose of performing the last rituals.