Nivin v. The Police Chief Of Alappuzha District

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.K.MOHANAN & THE HONOURABLE MR. JUSTICE P.D.RAJAN WEDNESDAY, THE 28TH DAY OF JANUARY 2015/8TH MAGHA, 1936 WP(Crl.).No. 33 of 2015 (S) ---------------------------- PETITIONER:

------------ NIVIN AGED 20 YEARS S/O.GEORGE, KANNIKATTU NITHIN VIHAR, AROOR PO. AROOR, ALAPPUZHA DISTRICT BY ADV. SRI.K.RAMANATHAN RESPONDENT(S):

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1. THE POLICE CHIEF OF ALAPPUZHA DISTRICT OFFICE OF POLICE CHIEF ALAPPUZHA-688001

2. CIRCLE INSPECTOR OF POLICE CHERTHALA, OFFICE OF THE CIRCLE INSPECTOR OF POLICE CHERTHALA, ALAPPUZHA DISTRICT-688524

3. THE SUB INSPECTOR OF POLICE CHERTHALA POLICE STATION, CHERTHALA P.O.

ALAPPUHA DISTRICT-688524

4. ASHARAF, FATHER'S NAME NOT KNOWN TO THE PETITIONER ASHARAF MANZIL, VAYALAR P.O., NEAR INDIRA JUNCTION VAYALAR, CHERTHALA, ALAPPUZHA DISTRICT-688 536

5. ANZIL S/O.ASHARAF, ASHARAF MANZIL, VAYALAR P.O.

NEAR INDIRA JUNCTION, VAYALAR, CHERTHALA ALAPPUZHA DISTRICT-688536 R1-R3 BY ADV. ADDL.DIRECTOR GENERAL OF PROSECUTION R BY GOVERNMENT PLEADER SRI ABDUL KAREEM THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(Crl.).No. 33 of 2015 (S) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXT P1:THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 15.01.2015 EXT P2:THE TRUE COPY OF THE RECEIPT DATED 15.01.2015 ISSUED BY THE 3RD RESPONDENT BEARING 60/P1 E1 AND ITS TRUE TRANSLATION. RESPONDENT(S)' EXHIBITS: NIL ------------------------- //TRUE COPY// lgk PS TO JUDGE

V.K.MOHANAN & P.D.RAJAN, JJ .........................................

WP(Cr)No. 33 of 2015 .......................................

Dated 28th January, 2015

JUDGMENT

V.K.MOHANAN, J The petitioner, who is a student of Siena College of Professional Studies, Edakochi and doing final semester in BBA Course and aged 20 years, preferred the above writ petition under Article 226 of the Constitution of India alleging that his fiancée namely, Safreena.A, is under the illegal custody of respondents 4 and 5, as they are against the affairs between the petitioner and the said Safreena. Hence it is prayed to issue a writ of habeas corpus directing the respondents 1 to 3 to produce the detenue before this court.

2. While admitting the above writ petition and issuing notice to the respondents 4 and 5, they were directed to produce Miss Safreena.A, daughter of 4th respondent before this court on this date. Thus when the matter is taken today, the said Safreena is produced by the 4th respondent, her father. However, neither the petitioner nor his counsel is present.

3. We interacted with Safreena and she submitted that she knows the petitioner as her class mate and there is no

Wpcr 33/15 affair between herself and the petitioner. To a pointed question as to whether she is under illegal custody of anybody, she ascertained and submitted that she is not in the illegal custody of anybody including respondents 4 and 5 who are none other than her father and brother. The above submission is recorded. As we have heard from the mouth of the so called detenue herself that she is not under the illegal custody of anybody, we lack the jurisdiction to proceed with the enquiry under Article 226 of the Constitution of India. As the detenue is not interested in the petitioner and she wants to go along with the 4th respondent, she is at liberty to go along with the 4th respondent. Accordingly, the above writ petition is closed. V.K.MOHANAN, JUDGE P.D.RAJAN, JUDGE lgk