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2025 DAILYLAW 39287 (KAR)

DR SYEDA NOOR SAKINA v. THE PRICNIPAL SECRETARY

WPHC/126/2025 · 2025-11-25

Anu Sivaraman, Vijaykumar A Patil

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:48732-DB W.P.H.C. No.126/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL W.P.H.C. NO.126/2025 BETWEEN: DR. SYEDA NOOR SAKINA W/O DR. AMJAD PASHA AGED ABOUT 54 YEARS R/AT FLAT NO.34, 2ND CROSS KOUSER NAGAR, OPP. MOSQUE BANGALORE NORTH BANGALORE - 560 032. …PETITIONER (BY SRI. SYED UMMER, ADV.,) AND: 1. THE PRINCIPAL SECRETARY HOME DEPARTMENT STATE OF KARNATAKA VIDHANA SOUDHA AMBEDKAR VEEDHI ROAD BANGALORE - 560 001. 2. THE COMMISSIONER OF BANGALORE CITY POLICE INFANTRY ROAD, BANGALORE CITY BANGALORE - 560 001. 3. THE STATION HOUSE OFFICER RAMMURTHY NAGAR POLICE STATION KEMPE GOWDA UNDERPASS RD Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:48732-DB W.P.H.C. No.126/2025 EAST OF NGEF LAYOUT DOORAVANI NAGAR, BENGALURU KARNATAKA 560016. 4. NADEEM M.M. S/O MOHAMMED SIDDIQ AGED ABOUT 32 YEARS RESIDING AT EAST OF NGEF LAYOUT DOORAVANI NAGAR NEAR KFC GOWDOWN NEAR TAUHEED MASJID RAMAMURTHY NAGAR BANGALORE-560016. …RESPONDENTS (BY SRI. B.A. BELLIAPPA, SPP-I WITH SRI. THEJESH P, HCGP FOR R1 TO R3) THIS WPHC IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING THE RESPONDENT NO.4 TO PRODUCE THE PETITIONER DAUGHTER SYEDA RAZIA ZAINAB, AGED ABOUT 28 YEARS, ALONG WITH HER CHILDREN I.E. GRAND CHILDREN OF THE PETITIONER BEFORE THIS HON'BLE COURT AND ALLOW THE PETITIONER TO MET THE PETITIOENR'S DAUGHTER AND GRAND CHILDREN. DIRECT THE RESPONDENT NO.1 TO CO-ORDINATE WITH THE RELEVANT AUTHORITIES TO TAKE IMMEDIATE STEPS TO LOCATE THE PETITIONER'S DAUGHTER AND PROVIDE STATUS REPORT TO THIS HON'BLE COURT & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:48732-DB W.P.H.C. No.126/2025 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Though the matter was listed for admission today, the alleged detenue, Smt.Syeda Razia Zainab has appeared before this Court on her own, on being informed of the filing of the writ petition through the jurisdictional police. 2. We have interacted with the detenue, who is an extremely well educated and articulate person and she clearly informs us that she is under no illegal detention and that she has not contacted her parents on her own volition because of certain differences between the family members. She clearly informs us that the dispute involved is only a family dispute and that she does not want the intervention of the Courts or the police in solving the dispute. She submits that she will attempt to solve the issue with the intervention of her family members itself. - 4 - HC-KAR NC: 2025:KHC:48732-DB W.P.H.C. No.126/2025 3. We are of the opinion that the writ petition in the instant case is an abuse of process of Court and the attempt made by the writ petitioners to characterize the detenue as being under illegal detention by her husband and parents-in-law is indeed condemnable. In the above view of the matter, we are of the opinion that the writ petition is not maintainable. The same is accordingly dismissed. In the facts and circumstances of the case, we refrain from imposing costs. 4. After the matter was dictated, the learned counsel apparently appearing on proxy, filed a memo seeking withdrawal of the writ petition. In the facts and circumstances of the case, we are of the opinion that the said memo cannot be accepted. The same is dismissed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK, List No.: 2 Sl No.: 3