Disposed

Henin Spenzer, v. the State Police Chief

Kerala HC20 Oct 2021WP(Crl.)/226/2021

Case brief

AI extract

What is this about?

In a writ petition concerning the missing minor daughter of the petitioner, the court noted that law enforcement had traced the girl in Karnataka and produced her before the Magistrate. The court held that no further judicial intervention was necessary and closed the petition.

What did the court decide?

The writ petition stands closed as the minor detenue has been traced and produced before the Magistrate.

Henin Spenzer, Vs the State Police Chief — Child Custody and Guardianship | 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 K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

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WEDNESDAY, THE 20^TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943

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WP(CRL.) NO. 226 OF 2021

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PETITIONER:

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HENIN SPENZER,AGED 49 YEARS S/O. ELIZER, PARAKKUDIVILA VEEDU, CHERUVORKONAM P.O., PARASSALA, THIRUVANANTHAPURAM-695502.

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BY ADV SRI NAVEEN RADHAKRISHNAN

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RESPONDENTS:

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1 THE STATE POLICE CHIEF, STATE OF KERALA, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695001.

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2 THE DISTRICT POLICE CHIEF, DISTRICT POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695001.

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3 THE CIRCLE INSPECTOR OF POLICE, PARASSALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695502.

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4 SUB INSPECTOR OF POLICE, PARASSALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695502.

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5 ASHOK ROBERT,AGED 23 YEARS S/O. ROBERT, KALAULAM, MARTHANDAM, KANYAKUMARI DISTRICT-629165.

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6 ROBERT,AGED 50 YEARS KOLLAULAM, KOLLAULAM, MARTHANDAM, KANYAKUMARI DISTRICT-629165.

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OTHER PRESENT:

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SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON

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20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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- 2 -

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WP(Crl.)No.226 of 2021

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K.Vinod Chandran & C.Jayachandran, JJ.

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-----------------------------------WP(Crl.) No.226 of 2021-S

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-----------------------------------Dated, this the 20^th October 2021

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JUDGMENT

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Vinod Chandran,J.

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The petitioner was concerned with the whereabouts of

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his minor daughter who is only sixteen years old as per Ext.P1 certificate. The petitioner apprehended that the 5^th respondent who had established contact with the minor girl through social media and facebook has enticed the girl into a relationship. The petitioner alleged illegal detention of his daughter.

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2. In the order dated 5.10.2021 we noticed the submission of the learned Government Pleader that there is a team constituted to trace out the daughter of the petitioner. We directed her production before the Jurisdictional Magistrate on any date with notice to the petitioner, on her being traced out. Today the learned Government Pleader has filed a report of the Inspector of Police Parassala informing us the course of investigation. The detenue was traced out on 14.10.2021 from the State of Karnataka. She was brought to

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WP(Crl.)No.226 of 2021 - 3 -

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the Parassala Police Station on 15.10.2021 and after recording her statement the petitioner was informed. She was also produced before the JFCM Court, Neyyattinkara and a statement recorded under S.164. The girl being a minor she was sent to the residence of her maternal aunt as per the wish expressed by the victim herself. The offences in the crime earlier registered has been altered by adding provisions of the IPC and also the POCSO Act. The alleged kidnappers, the respondents 5 and 6 and the wife of the 6^th respondent were also arrested and produced before the Jurisdictional Magistrate, Neyyattinkara who has remanded the accused till 28.10.2021.

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Since the alleged detenue has been traced out, we are of the opinion that we need not keep the writ petition pending. The writ petition hence would stand closed.

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Sd/K. Vinod Chandran Judge

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Sd/C.Jayachandran, Judge

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jma/-

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WP(Crl.)No.226 of 2021 - 4 -

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APPENDIX OF WP(CRL.) 226/2021

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PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MARK LIST ISSUED BY GOVERNMENT OF KERALA IN SSLC 2020 SECONDARY SCHOOL LEAVING CERTIFICATE SHOWING THE AGE OF DAUGHTER OF THE PETITIONER. Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 09/09/2021 FILED BEFORE THE 3RD RESPONDENT.

Henin Spenzer, v. the State Police Chief

Case brief

What is this about?

What did the court decide?

Henin Spenzer, v. the State Police Chief

Case brief

What is this about?

What did the court decide?

What the court decided

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