The Kerala High Court recalled a prior order directing production of a detenue, accepted counsel's submission that the detainee had been released by parents and intended to marry the petitioner, and dismissed the writ petition as withdrawn.
Permission granted to withdraw the writ petition; the petition is accordingly dismissed as not pressed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
MONDAY, THE 1ST DAY OF OCTOBER 2018 /9TH ASWINA, 1940
WP(Crl.).No. 327 of 2018
PETITIONER:
NIYAS ASHRAF
S/O. MUHAMMED ASHRAF, AGED 31 YEARS,KUTTIKKAT HOUSE, LBS ROAD, EDAPPALY - 682 024.
BY ADVS. SRI.M.R.ANISON SMT.P.A.RINUSA
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE HOME SECRETARY,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM - 695 001.
5 KAMATAM GANGHI REDDY 16-33-1 PRT STREET, DHARMAVARAM,ANANTHAPURAM, ANDHRA PRADESH - 515 671.
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 01.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl) No. 327/2018
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C.K. ABDUL REHIM, &
R. NARAYANA PISHARADI, JJ.
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W.P.(Crl) No. 327 OF 2018 S
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Dated this the 1st day of October, 2018
J U D G M E N T
Abdul Rehim, J.
We have passed an order on 28.09.2018 directing the Additional 6th respondent to take effective steps to trace out the alleged detenue and to produce her before this court on or before 23.10.2018. But before signing the said order, the learned counsel for the petitioner made a motion on today to take up the case for consideration, in view of the subsequent developments occurred. Hence the order passed by this court on 28.09.2018 is hereby recalled. The case is called up for
consideration on today.
personally present before this court. Learned counsel for the
W.P.(Crl) No. 327/2018
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petitioner submitted that, the alleged detenue was already
released by her parents and she had joined company of the petitioner. It is further submitted that they are intending to solemnize a marriage under the Special Marriage Act.
counsel for the petitioner submitted that, the petitioner is intending to withdraw this writ petition.
Permission granted to withdraw the case. The writ petition
is accordingly dismissed as not pressed.
Sd/- C.K. ABDUL REHIM, JUDGE .
Sd/- R. NARAYANA PISHARADI, JUDGE .
ul/-
W.P.(Crl) No. 327/2018
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APPENDIX
PETITIONER'S/ EXHIBITS:
EXHIBIT P1 - TRUE COPY OF THE APPLICATION FOR REGISTRATION OF MARRIAGE DATED 09.06.2018 FILED BEFORE THE MARRIAGE OFFICER, SUB REGISTRAR, EDAPPALLY SUB REGISTRAR OFFICE.
EXHIBIT P2 - TRUE COPY OF WHAT'S APP IMAGE OF A LETTER WRITTEN BY THE DETENUE FROM THE MOBILE PHONE OF COMMON FRIEND DATED 17.07.2018.
2 issues framed by the court
Whether the writ petition seeking direction to produce the detenue should be allowed in light of subsequent developments regarding her release and intended marriage.
Whether to grant permission to withdraw the petition based on the petitioner's undertaking that the detenue has been located.
NIYAS ASHRAF
STATE OF KERALA REPRESENTED BY THE HOME SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
THE CIRCLE-INSPECTOR OF POLICE ELAMAKKARA POLICE STATION, ELAMAKKARA
THE COMMISSIONER OF POLICE OFFICE OF THE COMMISSIONER OF POLICE, REVENUE TOWER, ERNAKULAM
THE SUPERINTENDENT OF POLICE BESIDE ZP OFFICE, ANANTAPUR
KAMATAM GANGHI REDDY
C.K. ABDUL REHIM
R. NARAYANA PISHARADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
