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Judgment
Heard the learned counsel for the petitioner and the learned S.P.P. for the State. It is the case of the petitioner, he married one Suhasini on 5.11.2012 and they are living together within the jurisdiction of HSR layout Police. He has lodged a complaint on 30.12.2012 stating that his wife has not returned from her work and he suspects that she might have left Bangalore along with one Basavaraju, who was known to her.
Contending that the complaint lodged by the petitioner has not been seriously considered by the Police, the present petition is filed.
The Police have produced the records. Their investigation reveals that Basavaraju and the wife of the petitioner had an affair and both of them have left Bangalore together. They have also recorded the statement of one Smt. Lakshmi w/o Basavaraju, with whom the wife of the petitioner has left Bangalore. Even according to her statement, her husband Basavaraju and the wife of the petitioner were known to each other from the beginning. She also suspects both of them left together on their own.
From the complaint lodged by the petitioner and the statement of Lakshmi, w/o Basavaraju, it is clear that the wife of the petitioner is not under illegal detention and if she has gone with Basavaraju on her own, this court cannot exercise the power under Article 226 of the Constitution. Accordingly, the petition is dismissed.
