The High Court of Kerala in this Criminal Writ Petition sought to direct police production of the petitioner's missing sons, Aman and Alen. The Court found the relief infructuous because the children had already been released to the petitioner by the Child Welfare Committee.
Writ petition dismissed as infructuous.
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 T.V.ANILKUMAR
WEDNESDAY,THE 14TH DAY OF NOVEMBER 2018 / 23RD KARTHIKA, 1940
WP(Crl.).No. 438 of 2018
PETITIONER:
FIROZ P.S @ SUMESH P.S., AGED 32 YEARS, S/O. K. SUKUMARAN, PUTHUVAL HOUSE, SAHRIDAYA NAGAR, SHANTHIGIRI, NAD P.O., ALUVA,
NOW RESIDING AT MATHAYI TOWER, MALIPPURAM - 682 511, ERNAKULAM DISTRICT
BY ADV. SRI.K.K.ASHKAR
RESPONDENTS:
1 THE SUB INSPECTOR OF POLICE, NJARAKKAL POLICE STATION, VYPIN, NJARAKKAL P.O., PIN - 682 505
R1 OT R3 BY SR.GOVT.PLEADER SRI.K.B.RAMANAND
OTHER PRESENT:
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 14.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 438 of 2018 : 2 :
JUDGMENT
C.K.Abdul Rehim, J.
The petitioner is approaching this Court seeking orders for directing production
of the corpus of his sons, named Aman and Alen, before this Court and to set them at liberty from the alleged illegal detention of the respondents 4 and 5.
2. It is stated in the writ petition that, with respect to the missing of the children of the petitioner, along with his wife (the 4th respondent herein), Ext.P1 case was registered before the Njarakkal police station under Section 57 of the Kerala Police Act, based on a complaint lodged by the petitioner. The above writ petition is filed alleging that the police is not taking any effective steps to trace out the children and to
WP(Crl.).No. 438 of 2018 : 3 :
get them released to the petitioner.
3. When the above writ petition came up for consideration on 7.11.2018, this Court directed the Government Pleader to get instructions from respondents 1 and 2 with respect to the progress of investigation of Ext.P1 case. The learned Government Pleader on instructions submitted that, on 7.11.2018, the 4th respondent appeared before the police station along with the minor children and they were produced before the Judicial First Class Magistrate Court, Njarakkal on that date. The learned Magistrate had ordered the missing persons as released and set them at liberty in accordance with their wish. It is further reported that on 11.11.2018 the District Child Welfare Committee, Ernakulam had passed an order handing over custody of the minor children to the petitioner herein. Hence, it is reported that, at present the children are in the custody of the
WP(Crl.).No. 438 of 2018 : 4 :
petitioner.
4. Today, when the case is taken up for consideration, there is no representation for the petitioner. From the facts reported as above, it is evident that the relief sought for in this original petition has become infructuous, because the children are now in the custody of the petitioner.
Accordingly, the writ petition is hereby dismissed as infructuous.
Sd/-
C.K.ABDUL REHIM JUDGE Sd/-
T.V.ANILKUMAR
JUDGE
Bb
[True copy]
P.A to Judge
1 issue framed by the court
Whether the writ petition seeking production of missing children requires dismissal since they are now in the petitioner's custody.
FIROZ P.S @ SUMESH P.S.
THE SUB INSPECTOR OF POLICE, NJARAKKAL POLICE STATION, VYPIN
CIRCLE INSPECTOR OF POLICE, NJARAKKAL CIRCLE, VYPIN
DISTRICT POLICE CHIEF, ERNAKULAM RURAL POLICE, ALUVA
JAFNA
NAJEEB
C.K.ABDUL REHIM
T.V.ANILKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
