IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WP(Crl.).No. 45 of 2010(S) ---------------------------------------------- PETITIONER(S): --------------- DILSHAD BANU, W/O.MOHAMMED RAFEEQUE BAPPAYATHOTTY, P.O.UPPALLA, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY CHIEF SECRETARY, HOME DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE SUPERINTENDENT OF POLICE, S.P.OFFICE, KASARAGOD. 3. SUB-INSPECTOR OF POLICE, MANJESHWAR POLICE STATION, KASARAGOD. BY GOVERNMENT PLEADER SHRI P.N. SUKUMARAN. THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 30/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(CRL). NO. 45 OF 2010 S --------------------------------------------------- Dated this the 30th January, 2010 JUDGMENT K.M. Joseph, J. The prayer in the Writ Petition is for a writ of habeas corpus directing the third respondent to produce the husband of the petitioner, Mr. Mohammed Rafeeque before this Court. 2. Briefly put, the case of the petitioner is as follows: Petitioner is the wife of Mr. Mohammed Rafeeque, who is a painter by profession. The Sub Inspector of Police, Manjeshwer Police Station, Mr. Manoj, along with three police men took her husband in a jeep from his residence. Petitioner approached the Manjeshwer Police Station and enquired about her husband. She was informed that the Manjeshwer Police did not take custody of the detenu, and that they consoled that the detenu will return to home, but no crime was registered (regarding the missing of the detenu). It is stated that the third respondent took the detenu under custody, but he was not WP(CRL).NO.45/10 S 2 produced before any Magistrate. 3. Today, we heard the learned counsel for the petitioner and the learned Government Pleader. Learned Government Pleader on instructions submits that the detenu was arrested by the Bakel Police on 29.01.2010 and Crime No.39/2010 was registered. It is also submitted that he is involved in eighteen cases of robbery and it is stated that he will be produced before the Magistrate having jurisdiction, today. In such circumstances, the Writ Petition is disposed of reserving liberty to work out remedy as per law, including if there is a complaint of violation of any fundamental right or any legal right or Judgment of the Apex Court before the appropriate Forum. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge