The High Court of Kerala disposed of a Habeas Corpus petition after the traced girl was permitted to go with her parents following a remand order and police report. The court answered the issue in the negative and denied the relief sought.
The petition was disposed of without granting the relief sought.
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 PIUS C.KURIAKOSE
& THE HONOURABLE MR.JUSTICE P.D.RAJAN
FRIDAY, THE 8TH DAY OF FEBRUARY 2013/19TH MAGHA 1934
WP(Crl.).No. 59 of 2013 (S)
PETITIONER(S):
SHAJAHAN AGED 45 YEARS, S/O.PAREED, RESIDING AT MANGALASSERY HOUSE, NAGARAMUDI KARA, OONNUKAL PO, THENGODE KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT PINCODE 686 691.
BY ADV. SRI.PEEYUS A.KOTTAM
RESPONDENT(S):
R BY GOVERNMENT PLEADER SRI.ABDUL KAREEM. SRI.SYAMKUMAR
BY ADGP SRI.K.I.ABDUL RASHEED
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT-P1 TRUE COPY OF FIRST INFORMATION REPORT NO.30/2013 DATED 24/1/2013 IN CRIME NO.30/2013 OF OONUKAL POLICE STATION.
EXHIBIT-P2 TRUE COPY OF BIRTH CERTIFICATE DATED 30/1/2010 ISSUED BY KOTHAMANGALAM MUNICIPALITY TO THE PETITIONER.
RESPONDENTS' EXHIBITS NIL
/TRUE COPY/
P.A. TO JUDGE.
PIUS C.KURIAKOSE &
P.D.RAJAN JJ.
-----------------------W.P.(Crl.) . NO. 59 OF 2013
Dated this the 8th day of February, 2013
JUDGMENT
Pius C.Kuriakose,J
It is submitted by the learned counsel for the petitioner and also by the learned Additional Director General of Prosecution Sri.K.I.Abdul Rasheed, that the girl was traced out from the company of the 5th respondent and two others. They were produced before the Judicial Magistrate of the First Class, Kothamangalam on 7/1/2013. The learned Magistrate remanded the accused in the crime to judicial custody and the girl was permitted to go along with her parents. The detailed report submitted by Sri.K.P.Jose, the Police Inspector is placed before us. That report will form part of this judgment.
The cardinal issue, which arises for decision in this case ,is whether the writ of Habeas Corpus sought for should be issued.
W.P.(Crl.)No. 59 /2013
2
In view of what was happened pursuant to our order 6/2/2013 and what is reported to us by Sri.K.P.Jose- the police Inspector Kothamangalam, the above issue can be answered only in the negative and we do so. We dispose of this writ petition without granting the relief sought for.
Sd/-
PIUS C.KURIAKOSE, JUDGE
Sd/-
P.D.RAJAN JUDGE.
dpk
/True copy/ P.A to Judge.
W.P.(Crl.)No. 59 /2013 3
1 issue framed by the court
Whether the writ of Habeas Corpus sought by the petitioner should be issued.
Shajahan
Circle Inspector of Police Kothamangalam
Sub Inspector of Police Oonnuval Police Station
Raju
Omana
Rahul
Pius C.Kuriakose
P.D.Rajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
