A writ petition alleging unlawful detention of a young woman in relation to a relationship dispute. The Court directed production for video interaction, which revealed the woman had not been illegally detained and wished to remain with her parents.
None; the petition was closed as no illegality was found after interaction with the detenu.
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 RAJA VIJAYARAGHAVAN V
&
THEHONOURABLEMR.JUSTICEP.M.MANOJ
FRIDAY,THE5THDAYOFAPRIL2024/16THCHAITHRA,1946
WP(CRL.)NO.340OF2024
PETITIONER/S:
SHIBINS.B,AGED24YEARS
S/OSHAJAHAN,MUBARRAKHOUSENANNATTUKAVU,
POTHENCODEP.O.,THIRUVANANTHAPURAM,PIN-695584
BYADVS.
SAYUJYA
K.R.RAJEEV KRISHNAN
RESPONDENT/S:
1 DISTRICT POLICE CHIEF, DISTRICT POLICE OFFICE, PATTOOR PMG RD, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM, PIN - 6950332 STATION HOUSE OFFICER VATTAPARA POLICE STATION VATTAPARA, THIRUVANANTHAPURAM, PIN - 6950283 SARASUKUMAR PALLICHAL VEEDU, VATTAPARA, THIRUVANANTHAPURAM, PIN - 695028
BYADVS.
MohanLalB
P.S.PREETHA(K/883/1998)
ASWINV.NAIR(K/1019/2017)
OTHERPRESENT:
SRI SAIGI JACOB PALATTY, SR. GP.
THISWRITPETITION(CRIMINAL)HAVINGCOMEUPFORADMISSIONON
05.04.2024,THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:
2
W.P.(Crl.) No.340 of 2024
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner states that he is in love with the corpus, [‘Miss. X’ for the sake of brevity], the daughter of the 3rd respondent. He states that since they belong to different religions, the 3rd respondent has objected to the relationship. According to him, he has received credible information that Miss. X is unlawfully held in detention. Apprehending harm to Miss X, the petitioner is before this Court seeking directions to the official respondents to produce the corpus before this Court and to set her at liberty.
3
W.P.(Crl.) No.340 of 2024
alleged detenu, as noted earlier, is an adult woman, she had already attained majority.
The writ petition is closed.
sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sd/-
P.M.MANOJ JUDGE
das
4
W.P.(Crl.) No.340 of 2024
APPENDIX OF WP(CRL.) 340/2024
PETITIONEREXHIBITS
ExhibitP1ATRUEPHOTOCOPYOFTHESCREENSHOTOF
COMPLAINTFILEDBYTHEPETITIONERVIA
DT.11.03.2024BEFORETHE2NDRESPONDENT
ExhibitP2ATRUEPHOTOCOPYOFTHESCREENSHOTOF
COMPLAINTFILEDBYTHEPETITIONERVIA
DT.20.03.2024BEFORETHE1STRESPONDENT
2 issues framed by the court
Whether the petitionerhas established unlawful detention against the will of the alleged detenu.
Whether the Court had to direct production of the detenu after establishing she wishes to be with her parents.
Shibin S.B.
District Police Chief, Thiruvananthapuram
Station House Officer, Vattapara
Sarasukumar Pallichal
Raja Vijayaraghavan
P.M. Manoj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court