SANGEETA Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) THE petitioner is the wife of the detenue. The detenue is Sri. Satish S/o. Venkataswamy, who was kept under detention by the impugned orders under Section 3(1) of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Gabbers Act, 1985 (for short 'Act') and the subsequent orders of confirmation.

(2.) QUESTIONING the orders of detention, the petitioner had filed W.P. No. 200015/2014 before the Hon'ble High Court. By the order dated 27.10.2014, at the request of the petitioner's counsel, the petition was dismissed as withdrawn with a liberty to the petitioner to file an appropriate proceeding for redressal of his grievance. Thereafter, W.P. No. 206009/2014 was filed. By an extensive order dated 02.12.2014, the writ petition was dismissed. Aggrieved by the same, the petitioner approached the Hon'ble Supreme Court in SLP (Criminal) No. 875/2015 wherein by the order dated 06.02.2015, the same was dismissed. Thereafter, the instant writ petition has been filed on 18.03.2015.

(3.) ON the other hand, learned counsel appearing for the State defends the impugned order. He contends that the present petition is not maintainable as there are no changed circumstance and hence hit by the principles of 'Res Judicata'. Since the petitioner has already filed the earlier writ petition and the same was dismissed on merits and he has also filed SLP before the Hon'ble Supreme Court and the same was also dismissed, the present petition is not maintainable.