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2023 DIGILAW 147 (KAR)

A Raghunath v. State of Karnataka

2023-01-27

K.SOMASHEKAR, UMESH M ADIGA

body2023
JUDGMENT K. Somashekar J. - Learned counsel Smt.Bhagyashree N.B. for the petitioner is present before the court physically. Whereas in this matter, learned Additional Advocate General for respondent Nos.1 to 3 is also present before the court physically. 2. Whereas learned AAG in this matter submitted a sealed cover said to be containing the statement of detenue recorded by the concerned JMFC under Section 164 of Cr.P.C. in crime No.10/2023 of Hadagali P.S. Vijayanagar District. The detenue is none other than the daughter of the petitioner namely, A.Raghunath S/o Late Narayana Rao. Therefore, registry is directed to forward the sealed cover to the concerned JMFC of Vijayanagar District to proceed further in this matter, in accordance with law. It is in the presence of the learned counsel for the petitioner namely, Smt.Bhagyashree N.B. who is present before the court physically, said observation is made. 3. In this matter, the petitioner namely A.Raghunath S/o Late Narayana Rao is also present before the court physically and he was identified by the learned counsel for the petitioner, who is present before the court physically. The detenue namely, Kumari Sahana is none other than the daughter of the petitioner and she being the minor and whereby her father who had approached this court by filing WPHC by make use of the Articles 226 and 227 of the Constitution of India relating to tracing of his daughter namely, Kumari Sahana 4. The aforesaid Kumari Sahana daughter of A.Raghunath S/o Late Narayana Rao is produced physically by the W.H.C. Smt.V.Manjamma of Hadagali P.S., Vijaynagar District. Along with W.H.C., Sri.Santosh, PSI and Ravikumar K.G. Police Constable of Hadagali P.S., Vijayanagar District are also present before the court physically and produced the detenue namely, Kumari Sahana, who is the daughter of the petitioner. 5. On enquiry, Kumari Sahana submitted that she is not willing to proceed with her parents, who are present before the court physically, namely, petitioner A.Raghunath S/o Late Narayana Rao, who is none other than her father and her mother namely Smt.Arunabai. The detenue Kumari Sahana further stated on enquiry that she would willing to reside with her maternal aunt Smt.Anasuya w/o Prakash Rao. But the said maternal aunt is not present before the court physically. The detenue Kumari Sahana further stated on enquiry that she would willing to reside with her maternal aunt Smt.Anasuya w/o Prakash Rao. But the said maternal aunt is not present before the court physically. This request made by Kumari Sahana is placed on record in the presence of the learned counsel for the petitioner and also in the presence of her parents inclusive of learned AAG for respondent Nos.1 to 3. 6. However, consequence upon the request made by the aforesaid detenue and also on enquiry of her willingness, as stated above, this WPHC does not survive for consideration. 7. Since the detenue namely, Kumari Sahana is not willing to proceed with her parents who are present before the court physically, therefore, in a peculiar facts and circumstances of this matter and more so, the detenue being a minor, her rights are required to be protected. Therefore, keeping in view Article 21 of the Constitution of India, it is deemed appropriate that detenue shall be produced before the concerned JMFC where crime No.10/2023 of Hadagali P.S. Vijayanagar District is pending consideration to proceed further in accordance with law. 8. Accordingly, the police agency for which they produced the detenue herein in this WPHC are directed to produce the aforesaid detenue before the concerned JMFC to proceed further in the aforesaid crime number, in accordance with law. 9. In the meanwhile, it is deemed appropriate to direct the registry to forward copy of this order to the concerned JMFC, where crime No.10/2023 of Hadagali P.S. Vijayanagar District is pending consideration for the purpose of reference and also to proceed further in accordance with law relating to the provision of Cr.P.C. or any other guidelines extending protection to the minor and also her interest. 10. Registry is also directed to furnish copy of this order to the learned HCGP for respondent Nos.1 to 3 for reference and also to proceed in accordance with law. In terms of the submissions made by the learned counsel for the petitioner; the learned AAG for respondent Nos.1 to 3; and on enquiry with the detenue, this WPHC is hereby disposed off.