High Court of KeralaWP(Crl.)/116/2015dismissed

Mojammel Haque Mallick v. The Superintendent Of Police

2015-03-20Honourable Mr.Justice K.T.Sankaran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR.JUSTICE K.HARILAL FRIDAY, THE 20TH DAY OF MARCH 2015/29TH PHALGUNA, 1936 WP(Crl.).No. 116 of 2015 (S) ----------------------------- PETITIONER(S)/PETITIONER:

------------------------- MOJAMMEL HAQUE MALLICK, AGED 24 YEARS, S/O.MASTAR MALLICK, KATWA, BURDWAN, WEST BENGAL, RESIDING AT TIRUR, C/O.MOINUDDIN, JILL TRADERS, ALINCHUVADU , TIRUR, MALAPPURAM DISTRICT.

BY ADV. SRI.P.K.MOHAMED JAMEEL RESPONDENTS:

------------

1. THE SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT-676 505.

2. THE CIRCLE INSPECTOR OF POLICE, TIRUR, MALAPPURAM DISTRICT-676 101 .

3. THE SUB INSPECTOR OF POLICE, KOTTAKKAL POLICE STATION, MALAPPURAM DISTRICT-676 805.

R1-R3 BY ADDITIONAL DIRECTOR GENERAL OF PROSECUTION BY GOVERNMENT PLEADER SRI. P.S. ABDUL KAREEM THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 20-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

K.T. SANKARAN & K. HARILAL, JJ.

--------------------------------------------------------- W.P.(Crl) No.116 of 2015-S ---------------------------------------------------------- Dated this the 20th day of March, 2015

JUDGMENT

Sankaran, J.

This writ petition is filed alleging that Laltu Mallick, the elder brother of the petitioner, was taken into custody by the police on 8/3/2015 and he is under the illegal custody of the police. The relief prayed for in the writ petition is to issue a writ of habeas corpus commanding the respondents to produce the body of Laltu Mallick before Court and to release him from the illegal confinement.

2. The learned Public Prosecutor, on instructions, submitted that Laltu Mallick was not taken into custody by the police. The learned counsel for the petitioner submitted that yesterday Laltu Mallick became free and therefore, he is not under the illegal confinement.

W.P.(Crl) No.116 of 2015 -: 2 :- Since, admittedly, the petitioner's brother is not under the illegal confinement of the respondents, this writ petition is dismissed.

Sd/- (K.T. SANKARAN, JUDGE) Sd/- (K. HARILAL, JUDGE) Nan/ //true copy// P.S. to Judge