The High Court of Kerala disposed of a writ petition wherein the petitioner alleged illegal detention of her missing brothers. The court held the conditions did not warrant awaiting a notice and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN
&
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
MONDAY, THE 9TH DAY OF JULY 2012/18TH ASHADHA 1934
WP(Crl.).No. 310 of 2012 (S)
PETITIONER(S):
MINI GEORGE, AGED 35 YEARS MOOKKILIKKATTU HOUSE, THANKAMONY P.O. THANKAMONY VILLAGE, UDUMBANCHOLA TALUK IDUKKI DISTRICT.
BY ADV. SRI.SUNIL V.MOHAMMED
RESPONDENT(S):
BY DIRECTOR GENERAL OF PROSECUTIONS SRI.T.ASAF ALI.
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(CRL) NO.310 OF 2012
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT-P1. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO RESPONDENTS 1 AND 2.
RESPONDENTS' EXHIBITS : NIL.
(TRUE COPY)
K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.
W.P.(Crl) No.310 of 2012
Dated 9th July, 2012.
J U D G M E N T
K.T.Sankaran, J.
Petitioner is the sister of the 4th respondent. According to the petitioner, her three other brothers, viz., Roy Thomas, aged 28 years, Regi Thomas, aged 25 years and Jins Thomas, aged 23 years are missing for the last one year. The petitioner alleges that the missing brothers are under the illegal detention of respondents 4 to 7. Respondents 5 to 7 are the relatives of the wife of the 4th respondent. It is alleged that the 4th respondent is involved in criminal activities and he compelled the petitioner to marry his jail-mate. The petitioner refused. It is also alleged that the 4th respondent wants to grab the property belonging to the father and mother of the petitioner and the 4th respondent.
W.P.(Crl) 310 of 2012
2
which is now in the possession of the 4th respondent. The instructions also reveal that a complaint was filed by the petitioner before the Court of the Judicial Magistrate of the First Class, Nedumkandam and on that basis, Crime No.369/12 was registered by the Police. It was found that the complaint was false. It is also stated that the 4th respondent had filed a civil suit against the petitioner and her husband before the Munsiff's Court, Kattappana and an interim order of injunction was granted on 16.4.2012.
In the facts and circumstances, we do not think that it is necessary to await return of notice sent to the respondents. The Writ Petition (Criminal) is, accordingly, dismissed.
Sd/-
K.T.SANKARAN, JUDGE.
Sd/-
M.L.JOSEPH FRANCIS, JUDGE.
tgs
(true copy)
MINI GEORGE
THE STATE OF KERALA
THE SUPERINTENDENT OF POLICE, IDUKKI DISTRICT
THE SUB INSPECTOR OF POLICE NEDUMKANDOM
GIGI@ JOSEPH
KOCHUPURA KUNJU
K.T.SANKARAN
M.L.JOSEPH FRANCIS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
