Case Comment On Laxmibai Chandaragi B & Anr. V. The State Of Karnataka And Ors.

Sankara Gomathi M, Sastra Deemed University, Thanjavur

Case Name: Lakshmibai Chandaragi B & Anr. v. The State of Karnataka and Ors. Decided: 8 February, 2021

Citation: WRIT PETITION [CRIMINAL] NO.359/2020

Appellant: LAXMIBAI CHANDARAGI B & ANR

Vs.

Respondent: STATE OF KARNATAKA AND ORS. Judges sitting: Sanjay Kishan Kaul, Hrishikesh Roy.

FACTS

Mr.Basappa Chandaragi filed an FIR stating that his daughter Ms.Laxmi Chandaragi, petitioner No.1 herein was missing since 14.10.2020.The Investigation Officer investigated petitioner No.1’s relatives and friends. From the investigation, it was clear that the petitioner No.1 was in contact with Mr. Santosh Singh Yadav, petitioner No.2.The petitioner No.1 travelled by from Hubli to Delhi and married petitioner No.2.The petitioner No.1 sent her marriage certificate to her parents through whatsapp in which she revealed the factum of marriage to petitioner No.2 on 15.10.2020. It is important to mention that both parties are well educated. The Petitioner No. 2 is an M.Tech from NIT, Tiruchirapalli, while Petitioner No.1 is an M.A.B.Ed. Petitioner No. 2 had got a placement as an Assistant Professor in Jain College of Engineering, Belagavi, Karnataka while Petitioner No.1 was a Lecturer in Karnataka Lingayat Education Society Pre-University College, Bailhongal and in the course they fell in love with each other during these assignments. Meanwhile, The Investigation Officer went to Ghaziabad to know the whereabouts of Petitioner No.1. The Investigating Officer was informed by his parents that they do not know about the whereabouts of the petitioners. Petitioner No.1 contacted the Investigation Officer and informed that she had married petitioner No.2 and was residing with him. But the Investigation Officer asked the petitioner No.1 to come out before the Murgod police station to record a statement in order to close the case. The petitioner No.1 wrote a letter to the IO stating that she was unable to reach the police station because of the intimidation from her parents. The IO did not close the case even after her request. The petitioners have annexed a transcript of the conversation between petitioner No.1 and the police whereby the IO is asking her to come back to Karnataka as otherwise they will come to her and register a case of kidnapping against petitioner No.2 at the behest of her family members. The petitioners approached Allahabad High Court on seeking protection. But, the matter was not taken up even after one month for urgent hearing. So, both the petitioners filed a writ petition under Art.32 of the constitution to enforce their Right to life (Art. 21 of the constitution).