IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 WP(Crl.).No. 166 of 2009(S) --------------------------- PETITIONER(S): ----------------- HAMSA, AGED 55, S/O.KUNJUMUHAMMED, OTTATHYKKAL HOUSE, KAVUMKARA, FRESH KOLA ROAD, MARKET P.O., MUVATTUPUZHA. BY ADV. SMT.V.H.JASMINE SMT.BINDU GEORGE RESPONDENT(S): ------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA, ERNAKULAM. 3. THE SUB INSPECTOR OF POLICE, MUVATTUPUZHA, ERNAKULAM. 4. SANEESH.K.R., KEERIKOTTAIL HOUSE, PADIYOTCHAL P.O., PAYYANNOOR VIA, KANNUR DISTRICT. R4 BY ADVS.SRI.DILIP MOHAN SRI.J.ABHILASH SRI.SHYJU VARGHESE R1 TO R3 BY GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 12/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI & C.K.ABDUL REHIM, JJ. -------------------------------------------- W.P.(CRL).NO.166 of 2009 --------------------------------------------- Dated this the 12th day of May, 2009. JUDGMENT V.GIRI, J. The father of one Ms.Faseela has filed this writ petition alleging that his daughter is missing from 17.2.2009. That in spite of registration of a complaint, the investigation has been tardy and that to his knowledge, she is in the unlawful detention of the 4th respondent. 2. This court passed an order on 28.4.2009 and thereafter on 8.5.2009. The order dated 8.5.2009 reads as follows: “We heard learned counsel for the petitioner and learned Government Pleader. Government Pleader seeks time to file an affidavit. The averments in the writ petition revealed a sorry state of affairs. We express our dissatisfaction with the manner in which the investigation is conducted in the complaint lodged by the petitioner. We will consider issuing further directions after the affidavit filed by the 2nd respondent is placed on record. The 2nd respondent shall file an affidavit affirming the details of the investigation and he shall also be present in court on 12.5.2009. Post on 12.5.2009.” W.P.(CRL.NO.166 of 2009 :: 2 :: 3. Pursuant to the order so passed by this court, the 2nd respondent has not only appeared in person, but has also filed an affidavit giving the details of the investigation carried out so far. 4. Ms.Faseela, the petitioner's daughter is also present. We have ascertained her will in person. She says that she is aged 22 and she had left on her own volition when she was compelled to enter into matrimonial relationship with a person against her will. She is now teaching in a school in Hyderabad. She is not held under unlawful custody or detention by anyone. She categorically asserts that she would like to remain in Hyderabad where she is now working and she does not want to go with her parents. 5. We have talked to the petitioner, his wife and the 4th respondent, who are present before this court. 6. The facts stated above, in our opinion, makes it clear that Ms.Faseela left on her own volition and she is not kept under captivity by anyone, including the 4th respondent. Ms.Faseela is a major and she is entitled to take her own decision. W.P.(CRL.NO.166 of 2009 :: 3 :: We, therefore, do not find any reason to further proceed with the writ petition. It is accordingly closed. Sd/- (V.GIRI) JUDGE Sd/- (C.K.ABDUL REHIM) JUDGE sk/ //true copy// P.S. to Judge