SANJAY KISHAN KAUL, J. - (1.) We have heard learned counsel for parties.
(2.) One Mr. Basappa Chandaragi lodged a complaint with the Murgod Police Station, Savadatti Taluk, Belagavi District stating that his daughter Ms. Laxmibai Chandaragi, petitioner No.1 herein was missing since 14.10.2020. In pursuance to the complaint, FIR No.226/2020 of a missing person was registered and the investigation officer recorded the statement of the missing person's parents and her relatives and took call details. From the call details, it became apparent that the petitioner No.1 was in contact with Mr. Santosh Singh Yadav, petitioner No.2. In the course of investigation it was found that the petitioner No.1, apparently without informing her parents, had travelled by flight from Hubli to Bangalore and further from Bangalore to Delhi and thereafter married petitioner No.2. The petitioner No.1 sent her marriage certificate to her parents through whatsapp on 15.10.2020 in which she revealed the factum of marriage to petitioner No.2. It is the case of the State that the IO proceeded to Ghaziabad to know the whereabouts of petitioner No.1 and on visiting the residence of petitioner No.2, was informed by his parents that they do not know the whereabouts of the petitioners. However, the petitioner No.1 spoke to the investigating officer and informed that she had already married petitioner No.2 and was residing with him. But the IO instead insisted that the petitioner No.1 should appear before the Murgod police station to record a statement so that the case can be closed. The petitioner No.1 sent a letter to the IO stating that she was married to petitioner No.2 and there was threat from her parents and thus, was unable to visit the police station. The case was still not closed of missing person by the IO.
(3.) It is in the aforesaid circumstances, that the present petition has been filed under Article 32 of the Constitution of India since according to the petitioner there is an issue of duality of jurisdiction arising from her residing with petitioner No.2 in the State of Uttar Pradesh while the petitioner No.1 came from Karnataka. It is the case of the petitioners that the uncle of petitioner No.1 was threatening them. On the petitioners approaching the Allahabad High Court on 19.10.2020, seeking protection for themselves and the family members, the matter could not be taken upon even after about a period of one month for urgent hearing.;