Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 84705 (KAR)

SMT PRATHIBHA TALAPATI W/O DAVOOD NADAF v. STATE OF KARNATAKA

WPHC/100034/2025 · 2025-11-11

B Muralidhara Pai, R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:15358-DB WPHC No. 100034 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI W.P.H.C. NO.100034 OF 2025 BETWEEN: SMT. PRATHIBA TALAPATI W/O. DAVOOD NADAF, AGED ABOUT 31 YEARS, OCC: HOUSE WIFE, R/O. PLOT NO.02, KOTHARI NAGAR, GADAG ROAD, HUBLI, PRESENT ADDRESS AT: #1, ARALIKATTI COLONY, MANTUR ROAD, HUBLI, TQ. HUBLI, DIST. DHARWAD-580020. …PETITIONER (BY SRI. AVINASH M. ANGADI, ADV. FOR SRI. VINAYKUMAR M. SHETTY, ADVOCATES) AND: 1. STATE OF KARNATAKA, BY ITS UNDER SECRETARY, HOME DEPARTMENT (LAW & ORDER), VIDHANA SOUDA, BENGALURU-560001. Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2025:KHC-D:15358-DB WPHC No. 100034 of 2025 2. THE COMMISSIONER OF POLICE, HUBBALLI-DHARWAD, HUBBALLI-580025. 3. THE DEPUTY COMMISSIONER OF POLICE, (LAW AND ORDER), HUBBALLI DHARWAD, HUBBALLI-580025. 4. SENIOR SUPERINTENDENT, CENTRAL PRISON, MYSORE-570002. 5. THE POLICE INSPECTOR, HUBBALLI TOWN POLICE STATION, HUBBALLI-580029. …RESPONDENTS (BY SRI. P. N. HATTI, HCGP FOR R1 TO R5) THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT OF HABEAS CORPUS, PRAYING TO CALL FOR RECORDS AND ISSUE A WRIT OF CERTIORARI TO QUASH THE DETENTION OF SRI.DAWOOD NADAF S/O. DAVALSAB NADAF BY ORDER DATED 03/06/2025 IN NO.CP/MAG-2/HD-11/2025-26 ANNEXURE-A1 PASSED BY THE RESPONDENT NO.2 AND ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER BEARING NO.HD 295 SST 2025 DATED 11.06.2025 PRODUCED AT: ANNEXURE-B PASSED BY RESPONDENT NO.01 AND ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DATED 18.07.2025 BEARING NO.HD 295 SST 2025 PRODUCED AS ANNEXURE-C PASSED BY RESPONDENT NO.01 AS ILLEGAL AND VOID ABINITIO AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:15358-DB WPHC No. 100034 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 B. MURALIDHARA PAI ORAL ORDER (PER: THE 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:15358-DB WPHC No. 100034 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 12.11.2025. Sd/- (R.DEVDAS) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE VB /CT-AN List No.: 1 Sl No.: 3