Writ petition under Article 226 for habeas corpus challenging alleged illegal confinement of the petitioner's girlfriend by her father rejected. The detenue denied confinement and claimed to reside willingly with her father.
The writ petition fails and is dismissed. The alleged detenue is set at liberty to go along with the 3rd respondent.
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 C.K.ABDUL REHIM
&
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
THURSDAY ,THE 11TH DAY OF OCTOBER 2018 / 19TH ASWINA, 1940
WP(Crl.).No. 396 of 2018
PETITIONER/S:
UMARULFAROOK N
AGED 22 YEARS S/O NIZARKUNJU, RESIDING AT 4/207, MADANKAVIL HOUSE, KARUTHALAKODU, CHADAYAMANGALAM, NILAMEL P O, KOLLAM DISTRICT, PIN-691535
BY ADV. SRI.S.SREEKUMAR (KOLLAM)
RESPONDENT/S:
OFFICE OF THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM, PIN-695001
PALLIKKAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN - 695 604.
AGED 50 YEARS
RESIDING AT JAMES COTTAGE, NAVAIKULAM PANCHAYAT, NJARAKKONAM P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695 602.
DETENU
SMT.JANCY S, AGED 22 YEARS, D/O SHANAVASKHAN, RESIDING AT JAMES COTTAGE, NAVAIKULAM PANCHAYAT, NJARAKKONAM P.O., THIRUVANANTHAPURAM DISTRICT, PIN 695 602.
R1 & R2 SR.GP.K.B.RAMANAND
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 396 of 2018
2
JUDGMENT
Abdul Rehim, J
The above writ petition seeking for issuance of a writ of Habeas Corpus for directing production of the corpus of 'Miss.Jancy.S' (hereinafter referred to as 'the alleged detenue') is filed based on the allegation that the alleged detenue is being detained illegally by her father, the 3rd respondent herein, against her free will.
and the alleged detenue were in love and they have taken a decision to get married each other. But the petitioner came to know that the 3rd respondent had taken the detenue to somewhere and kept in secrecy. According to the petitioner, he got information through some others that she is put to violence in the house and is being illegally confined against her free will. Hence the above writ petition filed.
WP(Crl.).No. 396 of 2018
3
completed the training recently. Even though she confessed about her acquaintance with the petitioner, she refuted the allegation that there was a decision to get her married with the petitioner. She had emphatically denied the allegations of illegal confinement. According to her, no decision is so far taken with respect to her marriage. She said that she is living in her parental home on her own wish and will.
Under the above mentioned circumstances, we do not find any basis for the allegations of illegal confinement. Consequently, the writ petition fails and same is hereby dismissed. The alleged detenue is set at liberty to go along with the 3rd respondent, as desired by her.
Sd/-C.K. ABDUL REHIM, Judge
Sd/-R.NARAYANA PISHARADI, Judge
lsn
WP(Crl.).No. 396 of 2018
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE COMPLAINT DATED 27/09/2018 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.
RESPONDENTS EXHIBITS : NIL
TRUE COPY
P.A TO JUDGE
LSN
2 issues framed by the court
Whether there is any basis for allegations of illegal confinement of the detenue by her father.
Whether the writ petition seeking issuance of habeas corpus should be allowed.
UMARULFAROOK N
THE CITY POLICE COMMISSIONER
THE SUB INSPECTOR OF POLICE
SHANAVASKHAN
SMT.JANCY S
C.K.ABDUL REHIM
R. NARAYANA PISHARADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
