Petitioner challenged alleged illegal custody of adult detenue at Mahila Mandir. Court held existing Magistrate order precludes finding of illegal detention and closed petition, suggesting reliefs be sought via regular application before Magistrate.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 7TH DAY OF FEBRUARY 2017/18TH MAGHA, 1938
WP(Crl.).No. 45 of 2017 (S)
PETITIONER:
VIJITHKUMAR. N.P S/O.VENU, AGED 26 YEARS, NELLIYUALLA PARAMBATH HOUSE, PALYADUNADA PO, VATAKARA TALUK, KOZHIKODE DISTRICT.
BY ADV. SRI.ZUBAIR PULIKKOOL
RESPONDENTS:
R BY GOVERNMENT PLEADER
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 07-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 45 of 2017 (S) ----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
P1 : TRUE COPY OF SWORN AFFIDAVIT OF THE PETITIONER FILED ALONG WITH PETITION U/S 97 CR.PC BEFORE JFCM COURT VATAKARA.
P2 : TRUE COPY OF SWORN AFFIDAVIT OF THE DETENUE FILED BEFORE JFCM COURT, VATAKARA.
P3 : TRUE COPY OF THE ORDER IN CMP 835/17 OF JFCM COURT VATAKARA DT 3-2-17.
P4: TRUE COPY OF ORDER IN I.A.NO.1790/2016 IN I.A.NO.4016/14 IN O.P.NO.2527/11.
P5: TRUE COPY OF ORDER IN I.A.NO.4016/14 IN O.P.NO.2527/11.
RESPONDENTS' EXHIBITS
NIL
TRUE COPY
PA TO JUDGE
A.M.SHAFFIQUE, J &
ANU SIVARAMAN, J
*** * * * * * * * * * * * * *** W.P.Crl.No.45 of 2017
---------------------------------------Dated this the 7th day of February 2017
J U D G M E N T
Shaffique, J
The petitioner has approached this Court alleging that the detenue Ms.Aswathy, D/o.Ramesan is under the illegal custody of the 5th respondent.
and housed at Mahila Mandir, we do not find that it amounts to
W.P(Crl) No.45/2017
2
illegal detention. There is an order passed by the Magistrate on 03/02/2017 directing her to be sent back to Mahila Mandir. Under such circumstances, if any modification is required to the said order, it is open for the petitioner or any other person, as the case may be, to file proper application before the Magistrate Court. Even the detenue can file an application seeking for release, which shall be considered by the Magistrate, in accordance with the procedure prescribed.
With the above observation, this writ petition is closed.
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
(sd/-)
(ANU SIVARAMAN, JUDGE)
jsr
2 issues framed by the court
Whether the petitioner's complaint regarding alleged illegal custody of an adult detenue at the Mahila Mandir warrants a direction for her release under the writ petition.
Whether the Magistrate's order directing the detenue to the Mahila Mandir constitutes illegal detention.
2 provisions across 2 enactments
Vijithkumar. N.P
The State Police Chief Thiruvananthapuram
Superintendent of Police Kozhikode
Circle Inspector of Police Vatakara
Station House Officer Vatakara
Superintendent Government Mahila Mandiram
A.M. Shaffique
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
