Latha Kumari v. Sub Inspector Of Police, Puthur Police Station

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH THURSDAY, THE 19TH DAY OF FEBRUARY 2015/30TH MAGHA, 1936 WP(Crl.).No. 61 of 2015 (S) PETITIONER:

LATHA KUMARI, AGED 47 YEARS VELIKATTU, VENDAAR.P.O,, KOTTARAKKARA, KOLLAM-601 507.

BY ADVS. SRI.K.I.MAYANKUTTY MATHER SRI.R.JAIKRISHNA RESPONDENTS:

1. SUB INSPECTOR OF POLICE, PUTHUR POLICE STATION, PUTHUR, KOLLAM-691 507.

2. SUPERINTENDENT OF POLICE, KOLLAM DISTRICT, PIN-691 001.

BY GOVERNMENT PLEADER SRI.SHIBU JOSEPH THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 19-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(Crl.).No. 61 of 2015 (S) APPENDIX PETITIONER'S EXHIBITS EXT.P1:

TRUE COPY OF THE SECONDARY SCHOOL CERTIFICATE OF THE PETITIONER'S DAUGHTER, DATED 17.7.2014.

EXT.P2:

TRUE COPY OF THE FIRST INFORMATION REPORT NO.138/2015 OF PUTHUR POLICE STATION, DATED 2.2.2015.

RESPONDENTS' EXHIBITS : NIL //TRUE COPY// AHZ/

K.T.SANKARAN & BABU MATHEW P. JOSEPH, JJ.

---------------------------------------------------- W.P.(Crl.) No.61 of 2015 (Habeas Corpus) ---------------------------------------------------- Dated this the 19th day of February, 2015

JUDGMENT

K.T.Sankaran, J.

The case of the petitioner is that her minor daughter was enticed away by one Sadaaf and that the girl was under his illegal custody.

2. The learned Government Pleader submitted that Crime No.138 of 2015 was registered at Puthoor Police Station, Kollam. The police could trace out the minor girl from Mumbai. She was brought to Kerala and she was produced before the jurisdictional Magistrate. As per the order passed by the learned Magistrate, the girl was permitted to go with her mother (petitioner herein).

3. Today, the petitioner and the detenue are present. We interacted with them. The petitioner stated that she will look after the

W.P.(Crl.) No.61 of 2015 (Habeas Corpus) :: 2 ::

detenue and protect her interest. The detenue stated that she would like to go with her mother. Since the minor daughter of the petitioner is free now, it is not necessary to issue any writ as prayed for. It is made clear that police would be entitled to proceed with the investigation of the crime and deal with the accused in accordance with law. The order passed in this Writ Petition would not bar the investigation of Crime No.138 of 2015 and further proceedings thereon.

The Writ Petition (Criminal) is, accordingly, closed. (K.T.SANKARAN) Judge (BABU MATHEW P. JOSEPH) Judge ahz/