Petitioner alleged illegal detention of his fiancee. After enquiry, the detenue and parents denied detention, and brother confirmed no objection. Police report corroborated denial. Writ petition closed.
The writ petition is closed; no specific relief granted as allegations were denied.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE P.D.RAJAN
TUESDAY, THE 20TH DAY OF AUGUST 2013/29TH SRAVANA, 1935 WP(Crl.).No. 375 of 2013 (S)
PETITIONER(S):
SANEESH C.R, AGED 28 YEARS
S/O RADHAKRISHNAN, CHARTHAMKODATH HOUSE, PAYAMMAL AREEPPALAM P.O, IRINJALAKUDA, THRISSUR DISTRICT
BY ADVS.SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH
RESPONDENT(S):
R1,R2 BY ADDL.DGP SRI.TOM JOSE PADINJAREKARA
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 20-08-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 375 of 2013 (S)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1: TRUE COPY OF THE LETTER HANDED OVER TO THE PETITIONER BY LIJI JOSEPH DATED NIL
/TRUE COPY/
PS TO JUDGE
ANTONY DOMINIC & P.D.RAJAN, JJ.
W.P(Crl).No.375 of 2013
Dated this the 20th day of August, 2013
JUDGMENT
Antony Dominic, J.
In this writ petition, the petitioner alleges that his fiancee, Ligi Joseph, is being illegally detained by her father and brother who are respondents 3 and 4 respectively in this writ petition. On the filing of the writ petition, this Court passed order dated 13.8.2013, directing the second respondent to conduct a discreet enquiry into the matter and also get a statement of the detenue recorded. Accordingly, when the matter came up today for orders, learned Government Pleader submitted a report of the second respondent along with statements of the detenue and her brother. The statement of the detenue shows that she is in love with the petitioner and that her parents have no objection in the matter. Her brother also, in his statement, has confirmed the same. She has denied the allegation of the petitioner that she is under illegal detention.
2
WPCR.375/13
Evidently therefore, the alleged detenue herself has denied the allegation of the petitioner that she is being illegally detained by respondents 3 and 4. This is confirmed by the second respondent in his report. Recording that, this writ petition is closed.
kkb.
2 issues framed by the court
Whether the petitioner is entitled to a writ of habeas corpus regarding the alleged illegal detention of his fiancee.
Whether the allegations of detention were substantiated based on the report of the police and statements of the parties.
SANEESH C.R
THE DISTRICT POLICE CHIEF, WYNAD DISTRICT
THE SUB INSPECTOR OF POLICE, PULPPALLY POLICE STATION, WYNAD DISTRICT
JOSEPH
LIJO JOSEPH
ANTONY DOMINIC
P.D. RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
