LAWS(KAR)-2019-4-314

YASIN KHAN Vs. STATE OF KARNATAKA

Decided On April 29, 2019
YASIN KHAN Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The present writ petition is filed by the father of detenue-Shaheena for a writ in the nature of habeas corpus directing the respondent No.4 - Police to trace and produce his daughter before the Court.

(2.) It is the case of the petitioner that he is a resident of No.699, 1st Main Road, Noorani Masjid, Belthuru Colony, Bangalore-560067 and has seven children and the detenue- Shaheena is his 6th daughter and she was born on 10.05.2005 and studying in Government Urdu School, Belathuru Colony, Kadugodi, Bangalore. It is alleged that on 02.02.2019 at about 4:30 p.m., the wife of the petitioner viz., Smt. Apsari left his daughter - Shaheena near the house of one Ayisha. The said Smt. Ayisha was teaching Arabic language to the detenue. Thereafter, the wife of the petitioner went near the house of Smt. Ayisha to pick up her daughter - Shaheena, but the Shaheena was not found in the house of Smt. Ayisha. Therefore, the petitioner and his wife searched for their minor daughter in the house of their relations, but she was not traced.

(3.) It is further case of the petitioner that he suspects one Mr. Ganga, who was working in Construction Company which was by the side of his house and run by one Mr. Ashok Kumar Dixit might have kidnapped his daughter. Therefore, he lodged a complaint against Mr. Ganga before the jurisdictional Police Station and the Police registered the FIR on 4.2.2019 in Crime No.33/2019 of Kadugodi Police Station for the offence punishable under Section 363 of the Indian Penal Code. Since the Police have not traced his daughter, the petitioner has preferred the present writ petition.