Father sought habeas corpus alleging his daughter was detained by the 3rd respondent. The detenu was traced and told a Magistrate she had left her parents voluntarily to marry the 3rd respondent. Finding no illegal detention, the court closed the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946 WP(CRL.) NO. 466 OF 2024
PETITIONER:
BIJUT.A
AGED52YEARS
S/OAYYAPANT.ATHOTTATHARAHOUSE,EASTAPPANGAD
NJARAKKAL,ERNAKULAMDISTRICT,PIN-682505
BY ADV SRUTHY UNNIKRISHNAN
RESPONDENTS:
1 SUPERINTENDENT OF POLICE ALUVA, ERNAKULAM RURAL DISTRICT OFFICE, PIN - 6831012 SUB INSPECTOR OF POLICE NJARAKKAL POLICE STATION ERNAKULAM, PIN - 6825053 VISHNU FATHER'S NAME UNKNOWN TO THE PETITIONER HOUSE NO: 24, UDHAYA COLONY GHANDI NAGAR, ERNAKULAM, PIN - 682020OTHERPRESENT:
SRI P M SHAMEER, GP.
THISWRITPETITION(CRIMINAL)HAVINGCOMEUPFORFINAL
HEARINGON21.05.2024,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:
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W.P(Crl.) No.466 of 2024
JUDGMENT
Raja Vijayaraghavan, J.
This petition is filed under Article 226 of the Constitution of India with a prayer to issue a writ of habeas corpus to produce the body of the corpus (‘Ms. X’ for the sake of brevity), the daughter of the petitioner, who is allegedly detained illegally by the 3rd respondent.
House Officer. It is stated therein that based on the information furnished by the wife of the petitioner, Crime No. 429 of 2024 was registered under
Section 57 of the Kerala Police Act, 2011. The daughter of the petitioner was traced out and she was produced before the jurisdictional Magistrate.
On production, she stated before the learned Magistrate that she was not under illegal detention and she had left the company of her parents to be with the 3rd respondent with whom she intends to get married. The
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statement of the alleged detenu is also placed before this Court. It is
stated that the statement of the detenu was recorded by the learned Magistrate and was set at liberty.
primarily concerned with the question whether the alleged detenu is detained against her wish, will, or desire by anyone. In the case on hand, the alleged detenu has appeared before the learned Magistrate and has stated that she is not under illegal detention. In that view of the matter,
nothing further survives in this petition.
This Writ Petition (Crl.) is closed.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE
Sd/- P.M.MANOJ JUDGE
APM/21/5/24
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APPENDIX OF WP(CRL.) 466/2024
PETITIONEREXHIBITS
ExhibitP1ATRUECOPYOFTHECOMPLAINTDATED22/04/2024
SUBMITTEDBYTHEPETITIONERBEFORETHE1ST
RESPONDENT
ExhibitP2THETRUECOPYOFTHERECEIPTOFTHECOMPLAINT
ISSUEDBYTHE1STRESPONDENT
1 issue framed by the court
Whether the petitioner's daughter was under illegal detention by the 3rd respondent warranting a writ of habeas corpus.
2 provisions across 2 enactments
Biju T.A
Superintendent of Police Aluva, Ernakulam Rural District Office
Sub Inspector of Police Njarakkal Police Station, Ernakulam
Vishnu
Raja Vijayaraghavan V
P.M.Manoj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court