In a writ petition challenging illegal confinement, the Court observed that the alleged detenue denied the allegations, stated she was not under illegal custody, and expressed willingness to go with her parents. Consequently, no further proceedings were required.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.HARILAL
&
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
TUESDAY ,THE 26TH DAY OF FEBRUARY 2019 / 7TH PHALGUNA, 1940
WP(Crl.).No. 66 of 2019
PETITIONER/S:
ASHIK.M.A., AGED 22 YEARS, S/O. ABDHUL KHADER M.A., MAROTTICKAL HOUSE, PARAKODE, VEMBILY P.O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT 683 565.
BY ADV. SRI.JOHN JOSEPH(ROY)
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 THE DY.S.P. OF POLICE . PERUMBAVOOR, PERUMBAVOOR P.O., ERNAKULAM DISTRICT 683 542.
3 THE STATION HOUSE OFFICER, KUNNATHUNADU POLICE STATION, PATTIMATTOM. P.O., KUNNATHUNAD TALUK, ERNAKULAM DISTRICT 680 586.
4 RAVI.E.K., AGED 49 YEARS, S/O. KRISHNAN, ELATTU HOUSE, KIZHAKKAMBALAM P.O., KUNNATHUNAD TALUK, ERNAKULAM DISTRICT 683 562.
OTHER PRESENT:
SR.GP.SRI. K.B.RAMANAND
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 26.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 66 of 2019
2
JUDGMENT
Harilal, J
In compliance with the direction of this Court dated 18.02.2019, the alleged detenue has been produced before this Court and we have interacted with the alleged detenue and the petitioner. The detenue emphatically denied the alleged illegal confinement and she unequivocally stated that she is not under the illegal custody of the 4th respondent as alleged in the writ petition. She expressed her willingness to go along with her parents.
In view of the statement made by the detenue before us, further proceedings in this writ petition will stand closed.
This writ petition is dismissed accordingly.
Sd/-
K.HARILAL, JUDGE
sd/-
ANNIE JOHN, JUDGE
AMV/26/02/2019
WP(Crl.).No. 66 of 2019
3
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE OF INTENDED MARRIAGE WITH PHOTOS OF THE PARTIES, DOWN LOADED FROM THE AKSHAYA CENTRE TO BE FORWARDED TO THE MARRIAGE REGISTRATION OFFICER, PUTHENCRUZ.
RESPONDENTS EXHIBITS : NIL
TRUE COPY P.A.TO JUDGE
2 issues framed by the court
Whether the writ petition challenging illegal confinement should be concluded based on the detenue’s willingness to go with parents.
If the alleged detenue denies confinement and expresses willingness to leave with parents, whether the writ petition should be dismissed.
Ashik.M.A.
State of Kerala
Dy.S.P. of Police, Perumbavoor
Station House Officer, Kunnathnadu Police Station
Ravi.E.K.
K. Harilal
Annie John
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
