Petitioner challenged detention of a lady in Bangalore before Kerala HC. Court found no cause of action arising in Kerala territory and dismissed the petition in limine without expressing opinion on merits.
Writ petition dismissed in limine due to lack of territorial jurisdiction.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN
WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933
WP(Crl.).No. 345 of 2011(S)
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PETITIONER(S):
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MANOJ.T.KARTHIKEYAN, S/O.MANI MENON, AGED 29 YEARS, ELANGARUVATTATHU MADAM, MADAYIKONAM, IRINJALAKUDA.
BY ADV. SMT.A.P.LALY @ LALY VINCENT
RESPONDENT(S):
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1. GIRIDHAR.L.LAKHANI, PLOT NO.104, IST FLOOR, 4TH CROSS ROAD, KUMARA PARK, POST, BANGALORE - 560 001.
2. VIKKILAKHANI, S/O.GIRIDHAR L.LAKHANI, IST FLOOR, 4TH CROSS ROAD, KUMARA PARK, POST, BANGALORE - 560 001.
3. THE SUB INSPECTOR OF POLICE, KUTTIPURAM POLICE STATION, KUTTIPURAM - 680 001.
R3 BY GOVT. PLEADER SRI. C.M.KAMAPPU
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
svs
W.P.(CR). NO. 345/2011
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A. TO JUDGE.
svs
THOTTATHIL B. RADHAKRISHNAN &
N.K.BALAKRISHNAN, JJ.
W.P.(Crl.)No.345 of 2011
Dated this the 20th day of July, 2011
Judgment
Thottathil B.Radhakrishnan, J.
Petitioner alleges that the person named in the third paragraph of this writ petition is in the illegal detention of respondents 1 and 2 who are in Bangalore. He also apprehends that the alleged detenu would have been persuaded to marry another person in Bombay. The manner in which the Kerala High Court is attempted to be shown as having jurisdiction is by pleading that the third respondent, the S.I. of Police, Kuttippuram Police Station had allegedly mediated and persuaded the lady, some time in mid-April 2011, to go with her brother and uncle from Kuttippuram. This is what we see as part of paragraph 8 of this writ petition in which it is said that the alleged detenue wrote a statement before the third respondent, the S.I. of Police that she is leaving with her brother and uncle to Bangalore and she came to the petitioner with her free will and decision. Such statement would have saved the situation for the petitioner from any criminal
WP(Crl.) No.345/11 - 2 -
case at that point of time. Obviously, it also reflects that the said lady went with her brother and uncle to Bangalore. This event was in mid-April, 2011. With this we do not find any part of cause of action arising within the territory of the State of Kerala to sustain this writ petition in this court. Hence, without expressing anything on the merits of the other aspects and without prejudice to the petitioner seeking relief, if any, from appropriate jurisdiction, in accordance with law, this writ petition is dismissed in limine.
THOTTATHIL B.RADHAKRISHNAN, JUDGE.
N.K.BALAKRISHNAN, JUDGE.
srd
WP(Crl.) No.345/11 - 3 -
WP(Crl.) No.345/11 - 4 -
1 issue framed by the court
Whether the Kerala High Court has territorial jurisdiction to entertain the writ petition regarding the alleged detention in Bangalore.
Manoj.T.Karthikeyan
Giridhar.L.Lakhani
Vikkilakhani
The Sub Inspector of Police, Kuttippuram Police Station
Thottathil B. Radhakrishnan
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
