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2025 DAILYLAW 38389 (KAR)

MRS VIJAYA RATHOD v. THE STATE OF KARNATAKA

WPHC/100029/2025 · 2025-10-14

B Muralidhara Pai, R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13823-DB WPHC No. 100029 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE MURALIDHARA PAI B W.P.H.C. NO.100029 OF 2025 BETWEEN: MRS. VIJAYA RATHOD, AGED 53 YEARS, OCC: HOUSEHOLD, R/O. MUCHAKANDI TANDA, VANBAY COLONY, NAVANAGAR, BAGALKOT DISTRICT, PIN-587107. …PETITIONER (BY SMT. SUNITHA P. KALASOOR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY UNDER SECRETARY, DEPARTMENT OF HOME AFFAIRS, (LAW & ORDER), VIDHANA SOUDHA, BANGALORE, PIN-560001. Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2025:KHC-D:13823-DB WPHC No. 100029 of 2025 2. DEPUTY COMMISSIONER, BAGALKOT DISTRICT, BAGALKOT-587107. 3. THE SUPERINTENDENT OF POLICE, BAGALKOT DISTRICT, BAGALKOT-587107. 4. DEPUTY SUPERINTENDENT OF POLICE, BAGALKOT DISTRICT, BAGALKOT-587107. 5. CIRCLE INSPECTOR, NAVANAGAR CIRCLE, NAVANAGAR, BAGALKOT DISTRICT, BAGALKOT-587107. 6. POLICE INSPECTOR, NAVANAGAR POLICE STATION, BAGALKOT, PIN-587107. …RESPONDENTS (BY SRI. P. N. HATTI, HCGP FOR R1 TO R6) THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS DIRECTING THE RESPONDENT BY QUASHING IMPUGNED ORDER DATED 23.05.2025 VIDE ORDER NO.DCB/MAG/CR-01/2025-2026 AT ANNEXURE-A AND QUASH THE ORDER DATED 03/07/2025 PASSED BY 1ST RESPONDENT VIDE ORDER NO.HD264 SST 2025 DATED 03/07/2025 PRODUCED AT ANNEXURE-B AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:13823-DB WPHC No. 100029 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE MURALIDHARA PAI B ORDER (PER: HON'BLE MR JUSTICE R.DEVDAS) Learned counsel for the petitioner seeks leave of this Court to amend the prayer and the classification of the petition by deleting the words “habeas corpus” and retaining the prayer so as to challenge the impugned order of detention in the nature of a writ of certiorari. 2. Accordingly, leave is granted to the petitioner to carry out the necessary amendments in the writ petition. The Office is directed to re-number the petition as Writ Petition (GM- RES) and place it before this Court in accordance with the circular issued by the High Court of Karnataka dated 03.03.2014 in No. R(J) 4 of 2014. - 4 - HC-KAR NC: 2025:KHC-D:13823-DB WPHC No. 100029 of 2025 3. For statistical purposes, WPHC stands disposed of accordingly. After effecting the requisite amendments, the petitioner shall file the amended version of the writ petition. Re-list this matter on 16.10.2025. Sd/- (R.DEVDAS) JUDGE Sd/- (MURALIDHARA PAI B) JUDGE VB /CT-AN List No.: 1 Sl No.: 1