Disposed

Shyni Binoy v. the District Police Chief

Kerala HC4 Oct 2021WP(Crl.)/222/2021

Case brief

AI extract

What is this about?

Petitioner, mother of missing nursing student Sneha, filed writ alleging illegal custody by 4th respondent's son. Court recounted Magistrate's statement showing Sneha, aged 19, voluntarily went to Shafeek's house and deplored no hurt; closed writ based on this statement.

What did the court decide?

Writ petition closed on the basis of the statement given by the alleged detenue before the Magistrate.

Shyni Binoy Vs the District Police Chief — Writ and Judicial Review | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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MONDAY, THE 4^TH DAY OF OCTOBER 2021 / 12TH ASWINA, 1943 WP(CRL.) NO. 222 OF 2021

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PETITIONER:

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SHYNI BINOY, AGED 39 YEARS W/O. BINOY, RESIDING AT PADANNAMAKKEL, VELIKKAD P.O., PALAKKAD-678 592.

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BY ADVS. JOSE KURIAKOSE (VILANGATTIL) BIJO FRANCIS LUIZ GODWIN D COUTH

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RESPONDENTS:

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1 THE DISTRICT POLICE CHIEF, DISTRICT POLICE OFFICE, YAKKARA ROAD, PALAKKAD-678 014.

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2 THE INSPECTOR, SHO, KALLADIKODE POLICE STATION, KALLADIKODE-678 596.

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3 THE SUB INSPECTOR KALLADIKODE POLICE STATION, KALLADIKODE-678 596.

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4 HASSANAR

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AGED 60 YEARS CHOONDEKKAD, KONGAD, PANNYKODE, PALAKKAD-673 602.

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BY GOVERNMENT PLEADER SR GP T.K SHAJAHAN

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(CRL.) NO. 222 OF 2021

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A.K.JAYASANKARAN NAMBIAR & MUHAMMED NIAS C.P, JJ

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W.P(Crl) No.222 of 2021

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_______________________________________________Dated this the 4^th day of October, 2021

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J U D G M E N T

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A.K.Jayasankaran Nambiar, J.

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The petitioner is the mother of the alleged detenue Sneha, who is stated to be a nursing student and who apparently went missing from 1.9.2021. In the writ petition, it is the case of the petitioner that her daughter is under the illegal custody of the 4^th respondent, whose son one Shafeek is stated to be in love with the petitioner's daughter.

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When the matter came up for admission on 22.9.2021, this Court while directing the Government Pleader to get instructions in the matter, also directed the Station House Officer (2^nd respondent) to get a statement of the alleged detenue and further made it clear that the statement shall be obtained by a woman police officer, without the presence of the parents or any family members of the detenue.

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When the matter was called up today, a statement of the Inspector of Police, Kalladikkode Police Station is produced, a perusal of which would indicate that the alleged detenue was produced before the Judicial First Class Magistrate Court, Mannarakkad, where she deposed that she had gone to the house of Shafeek along with his

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WP(CRL.) NO. 222 OF 2021

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brother Sadique and sister Shamili and that she had gone to the said Shafeek's family of her own free will and that no one has hurt her either physically or mentally. She also stated that the said Shafeek, who was abroad, had returned home on 16.9.2021 and presently they are living in Shafeek's house at Kongad, with his father Hassanar and mother Subaida.

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Taking note of the said statement given by the petitioner's daughter Sneha before the Magistrate and also taking note of the fact that the statement was given in the presence of a Woman Constable and further that the said Sneha is 19 years of age and therefore capable of taking her own decisions, this writ petition is closed on the basis of the statement given by the alleged detenue before the Magistrate.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR

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JUDGE

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Sd/-

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MUHAMMED NIAS C.P JUDGE

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WP(CRL.) NO. 222 OF 2021

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APPENDIX OF WP(CRL.) 222/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 1.9.2021 FILED BEFORE THE 3RD RESPONDENT. Exhibit P2 TRUE COPY OF THE F.I.R. NO.0437 DATED 1.9.2021 OF KALLADIKODE POLICE STATION.

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RESPONDENTS EXHIBITS: NIL

Shyni Binoy v. the District Police Chief

Case brief

What is this about?

What did the court decide?

Shyni Binoy v. the District Police Chief

Case brief

What is this about?

What did the court decide?

What the court decided

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