Petitioner filed habeas corpus petition for missing minor daughter. Court summoned her; she expressed willingness to return with legal guardians. Court permitted her departure with parents and allowed petition.
Writ Petition allowed; Minor permitted to leave Court with petitioner and wife; Police directed to continue investigation.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN
TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932
WP(Crl.).No. 477 of 2010(S)
PETITIONER:
HAMZA, S/O.MOHAMMEDKUTTY, AGED 40 YEARS, KOLAMBIL HOUSE, MELEPATTAMBI POST, PATTAMBI, PALAKKD DISTRICT.
BY ADV. SRI.SANTHEEP ANKARATH
RESPONDENTS:
SR.GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR
GOVERNMENT PLEADER SRI.C.M.KAMMAPPU ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE FOR R-3
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.BASANT & K.SURENDRA MOHAN, JJ.
**W.P(Crl) No.477 of 2010 *******************************
Dated this the 14th day of December, 2010
JUDGMENT
BASANT, J.
The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his minor daughter Rinshana, aged 16 ½ years (date of birth - 14.05.1994). She is a minor. She was studying for the Plus One course. The petitioner was employed abroad. From 24.11.2010, the alleged detenue has been missing. The petitioner apprehended that his daughter, the alleged detenue Rinshana, is being illegally detained by the 3rd respondent, a person of the locality. Complaint was filed before the police. Crime was registered; but the police did not succeed in tracing the alleged detenue till 08.12.2010. It is, in these circumstances, that the petitioner came to this Court with this petition on 08.12.2010.
W.P(Crl) No.477 of 2010
2
3rd respondent has come to Court. He is represented by his counsel. The alleged detenue has also been brought to Court.
alleged detenue and the 3rd respondent had appeared before the police yesterday, ie. 13.12.2010. As this case stood posted to this date, the learned Government Pleader had directed the police to ensure that the alleged detenue is produced before Court today without insisting on her production before the learned Magistrate.
W.P(Crl) No.477 of 2010
3
counsel for the 3rd respondent and the learned Government Pleader were also present.
W.P(Crl) No.477 of 2010
4
a) This Writ Petition is allowed;
b) The alleged detenue Rinshana, aged 16 ½ years (date
of birth - 14.05.1994) is permitted to leave Court along with the petitioner and his wife, ie. her parents;
c) We record the submission of the learned Government Pleader that the police shall be continuing with the investigation and shall take all necessary steps in accordance with law.
(K.SURENDRA MOHAN, JUDGE)
rtr/
2 issues framed by the court
Whether petitioner's Writ Petition under Article 226 for writ of habeas corpus to trace and produce his missing minor daughter should be allowed.
Whether the alleged detenue minor should be permitted to leave the court along with her parents.
HAMZA
SUPERINTENDENT OF POLICE, PALAKKAD
SUB INSPECTOR OF POLICE, PATTAMBI
RATHEESH
RINSHANA
R. BASANT
K. SURENDRA MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
