Case Note & Summary
The petitioner, Sri. C. Venkateshappa, filed a writ petition under Article 226 of the Constitution of India seeking a writ of habeas corpus directing the respondents to produce Sri. Pradeepa K.V. before the court. The respondents included the State of Karnataka, the Superintendent of Police, Kolar District, the Circle Inspector of Police, Kolar Rural Police, and the Sub-Inspector of Police, Kolar Rural Police Station. The petition was heard through video conferencing on 2nd July 2020. During the hearing, the learned State Public Prosecutor, Sri. V.S. Hegde, stated that the person who was allegedly detained had been secured on 22nd June 2020 and had gone along with his parents. In light of this statement, the counsel for the petitioner sought permission to withdraw the petition. The court, presided over by Chief Justice Abhay S. Oka and Justice Nataraj Rangaswamy, allowed the withdrawal and disposed of the petition as withdrawn. No further orders were passed.
Headnote
A) Constitutional Law - Habeas Corpus - Withdrawal of Petition - The petitioner filed a habeas corpus petition alleging illegal detention of Sri. Pradeepa K.V. - The State Public Prosecutor stated that the person was secured on 22nd June 2020 and had gone with his parents - In view of this, the petitioner's counsel sought permission to withdraw the petition - The court allowed the withdrawal and disposed of the petition as withdrawn (Paras 1-3).
Issue of Consideration
Whether the writ of habeas corpus should be issued for production of the alleged detainee.
Final Decision
The petition is disposed of as withdrawn.
Law Points
- Habeas corpus
- Withdrawal of petition
- Disposal upon release of detainee
Case Details
2020 LawText (KAR) (07) 119
Writ Petition (HC) No.40 of 2020
Abhay S. Oka, Nataraj Rangaswamy
Sri. Bhadrinath R. (for petitioner), Sri. V.S. Hegde, SPP-II (for respondents)
The State of Karnataka, The Superintendent of Police, Kolar District, The Circle Inspector of Police, Kolar Rural Police, The Sub-Inspector of Police, Kolar Rural Police Station
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Nature of Litigation
Habeas corpus petition alleging illegal detention
Remedy Sought
Writ of habeas corpus directing respondents to produce Sri. Pradeepa K.V. before the court
Filing Reason
Alleged illegal detention of Sri. Pradeepa K.V.
Issues
Whether the alleged detainee was illegally detained and should be produced before the court
Submissions/Arguments
State Public Prosecutor stated that the person was secured on 22nd June 2020 and had gone with his parents
Petitioner's counsel sought permission to withdraw the petition in view of the statement
Ratio Decidendi
When the alleged detainee is secured and released, the habeas corpus petition becomes infructuous and may be withdrawn.
Judgment Excerpts
The learned State Public Prosecutor states that presence of the person who was allegedly detained has been secured on 22nd June 2020 and the said person has gone along with his parents.
In view of this statement, the learned counsel for the petitioner seeks permission of the Court to withdraw the petition. Accordingly, the petition is disposed of as withdrawn.
Procedural History
The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a writ of habeas corpus. The petition was heard on 2nd July 2020 through video conferencing. The State Public Prosecutor informed the court that the alleged detainee was secured on 22nd June 2020 and had gone with his parents. The petitioner's counsel then sought permission to withdraw the petition, which was granted, and the petition was disposed of as withdrawn.
Acts & Sections
- Constitution of India: Article 226
