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2025 DAILYLAW 52526 (KAR)

SHAINAZ W/O. KHAJASAB INDIKAR v. THE STATE OF KARNATAKA

WPHC/100025/2025 · 2025-08-12

S Sunil Dutt Yadav, Vijaykumar A Patil

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10064-DB WPHC No. 100025 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL W.P.H.C .NO.100025 OF 2025 BETWEEN: SHAINAZ W/O. KHAJASAB INDIKAR, AGE: 42 YEARS, OCC: HOUSEWIFE, R/O. NEAR JODGUMMAT, CHANDABAVADI, VTC BIJAPUR, P.O. BIJAPUR-586101, NOW AT: OLASANG ONI, NEAR MADINA MASJID, GURUWAR PETH, KITTUR, DIST. BELAGAVI-591115. …PETITIONER (BY SRI. SHRIPRASAD J. JOSHI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH ITS PRINCIPAL SECRETARY, LAW, JUSTICE AND HUMAN RIGHTS DEPARTMENT, VIDHAN SOUDHA, BENGALURU-01. 2. SUPERINTENDENT OF POLICE, S.P. OFFICE, S.P. OFFICE ROAD, SUBHASH NAGAR, BELAGAVI NORTH-590016. 3. THE POLICE INSPECTOR, KITTUR POLICE STATION, ARALIKATTI, NEAR KITTUR FORT, KITTUR, DIST. BELAGAVI-591115. 4. ALTAF S/O. AMEENSAB JATKAR @ MANAGULI, AGE ABOUT 24 YEARS, OCC: UNEMPLOYED, R/O. HARANSHIKARI GALLI, MADCO GALLI, BIJAPUR/VIJAYAPURA-586101, CELL NO.9353166224. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10064-DB WPHC No. 100025 of 2025 5. DAWALMA JATKAR, AGE: MAJOR, OCC: UNKNOWN, R/O. UMRAN ROAD, NEAR BILAL MASJID, JATH, DIST. SANGLI, MAHARASHTRA-416404, CELL NO.9763592617. 6. MAHABOOBI JATKAR, AGE: MAJOR, OCC: HOUSEWIFE, R/O. UMRAN ROAD, NEAR BILAL MASJID, JATH, DIST. SANGLI, MAHARASHTRA-416404 CELL NO.8867366906. 7. RAJMA JATKAR, AGE: MAJOR, OCC: HOUSEWIFE, R/O. UMRAN ROAD, NEAR BILAL MASJID, JATH, DIST. SANGLI, MAHARASHTRA-416404. 8. RASOOLSAB JATKAR, AGE: MAJOR, OCC. UNKNOWN, R/O. HARANSHIKARI GALLI, MADCO GALLI, BIJAPUR/VIJAYAPURA-586101, CELL NO.9740503790. 9. RUBINA W/O. RASOOLSAB JATKAR, AGE: MAJOR, OCC: HOUSEWIFE, R/O. HARANSHIKARI GALLI, MADCO GALLI, BIJAPUR/VIJAYAPURA-586101, CELL NO.7411342890. …RESPONDENTS (BY SRI. V. S. KALASURMATH, AGA FOR R1 TO R3) THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, 1950, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS OR ANY OTHER WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT NO. 05 TO 09 TO PRODUCE BOTH THE DETENUES BEFORE THIS HON BLE COURT AND ISSUE A WRIT OF HABEAS CORPUS OR ANY OTHER WRIT, ORDER DR DIRECTION DIRECTING THE RESPONDENT NO. 01 TO 03 TO TAKE NECESSARY ACTION TO PRODUCE BOTH THE DETENUES BEFORE THIS HON’BLE COURT AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:10064-DB WPHC No. 100025 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) Learned counsel for the petitioner has filed a memo which reads as under: “The petitioner had filed the top noted writ petition Habeas Corpus seeking direction against the Respondents to get the petitioner’s daughter. The petitioner filed an FIR before the jurisdictional Kittur Police Station on 02/08/2025. The copy of the FIR and complaint is furnished herewith for kind perusal of this Honble Court. The jurisdictional Police have secured the custody of the daughter of the petitioner and the detenue is now residing with the petitioner on her own will. The same may kindly be taken on record and further orders may kindly be passed in the interest of justice and equity.” - 4 - HC-KAR NC: 2025:KHC-D:10064-DB WPHC No. 100025 of 2025 Both, petitioner and the detenue are present before the Court and their presence is recorded. In light of the memo filed, the petition is dismissed. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE RH /CT-AN List No.: 1 Sl No.: 1