Dismissed

Suneer v. Director General of Police

Kerala HC20 Nov 2012WP(Crl.)/573/2012

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a writ petition for habeas corpus. The court held that the petitioner's brother was lawfully arrested for alleged ganja trafficking and subsequently remanded to judicial custody, thus finding no warrant for issuing the writ.

What did the court decide?

The writ of habeas corpus was not warranted as the brother was lawfully remanded to judicial custody.

Suneer Vs Director General of Police — Criminal Trial and Appeal | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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TUESDAY, THE 20TH DAY OF NOVEMBER 2012/29TH KARTHIKA 1934

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WP(Crl.).No. 573 of 2012 (S)

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PETITIONER(S):

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SUNEER, AGED 26 YEARS AGED 26 YEARS, S/O.MUHAMMED, THORAN HOUSE CHEMBRASSERY P.O., PANDIKKAD VIA. MALAPPURAM DISTRICT.

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BY ADV. SRI.T.A.SHAIN

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RESPONDENT(S):

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DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM, PIN-695001.

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SUPERINTENDENT OF POLICE MALAPPURAM, PIN-676505.

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CIRCLE INSPECTOR OF POLICE VALANCHERRY-676552.

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SUB INSPECTOR OF POLICE KUTTIPPURAM - 679571.

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STATE OF KERALA REPRESENTED BY SECRETARY DEPARTMENT OF HOME AFFAIRS THIRUVANANTHAPURAM-695001.

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R1 TO 5 BY ADV. SRI.K.I.ABDUL RASHEED, ADDL. DGP

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 20-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(CRL.) NO.573/2012

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1: COPY OF COMPLAINT DATED 14/11/2012 BEFORE THE CIRCLE INSPECTOR OF POLICE VALANCHERRY. RESPONDENTS EXHIBITS : NIL

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/TRUE COPY/ P.A. TO JUDGE.

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PIUS C.KURIAKOSE & BABU MATHEW P.JOSEPH JJ.

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W.P.(Crl.) . NO.573 OF 2012

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Dated this the 20^th day of November, 2012

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JUDGMENT

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Pius C.Kuriakose,J

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On considering the writ petition, wherein the petitioner alleges that his brother Muneer has been illegally taken into custody by the Kuttipuram police, we directed the learned Government Pleader to seek instructions as to the correctness of the allegations.

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Today, Sri.K.I.Abdul Rasheed, the Additional State Prosecutor, submitted that the allegations in the writ petition are not correct. It was reported that Muneer is engaged in selling ganja. The police party went on the spot and arrested him on 17/11/2012. He was readily produced before the JFMC, Tirur. The learned Magistrate remanded him to the judicial custody till 1^st December 2012 on the basis of Crime No.548/2012 of Kuttipuram Police station.

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In view of what is submitted by the learned Additional

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W.P.(Crl.) No. 573 /2012

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State Prosecutor, we do not find any warrant for issuing the writ of Habeas Corpus sought for. It is open to the petitioner and his

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brother to pursue the remedies if any available to them under the

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provisions of the Code of Criminal Procedure.

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Sd/-

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PIUS C.KURIAKOSE, JUDGE

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Sd/-

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BABU MATHEW P.JOSEPH, JUDGE.

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Dpk

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/true copy/ P.A to Judge.

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W.P.(Crl.) No. 573 /2012 3

Suneer v. Director General of Police

Case brief

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Suneer v. Director General of Police

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