IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(Crl.) No. 389 of 2008(S) ---------------------------------- PETITIONER: ---------------- RENOY RAPHEL, S/O. RAPHEL, THAIKKATTIL VILLIDOM HOUSE, ALUVA. BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENTS: ------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, HEAD QUARTERS, THIRUVANANTHAPURAM. 3. SUPERINTENDENT OF POLICE ALAPPUZHA, OFFICE OF THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 4. THE CIRCLE INSPECTOR OF POLICE, ALAPPUZHA NORTH, ALAPPUZHA. 5. GIRISH KUMAR PILLAI, S/O. PILLAI, SIVA NIVAS, PAZHAVEEDU, ALAPPUZHA. GOVERNMENT PLEADER SRI. NOBLE MATHEW. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. ------------------------------------------ W.P.(Crl) No. 389 OF 2008 ------------------------------------------ Dated this the 18th day of November, 2008. J U D G M E N T Kurian Joseph, J. This writ petition is filed praying for a writ of Habeas Corpus commanding the respondents 1 to 3 to produce Lissy K.Varghese, wife of the petitioner. It is seen that the petitioner has already set in motion the process of the criminal court, as can be seen from Exhibit P2 complaint before the police wherein it is stated that the said Lissy K.Varghese had in fact cheated the petitioner and that he wants his money back. 2. Learned Government Pleader submits that the matters are under investigation by the police. It is also submitted that Lissy K.Varghese is involved in several criminal cases. Therefore, it is for the police to proceed with the investigation in accordance with law. The petitioner having already taken steps to set the process of the criminal court, should not have filed this writ petition for a W.P.(Crl) No. 389/08 2 writ of Habeas Corpus. Therefore, we do not find any merit in the writ petition. It is accordingly dismissed. KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp W.P.(Crl) No. 389/08 3 KURIAN JOSEPH & K.T. SANKARAN, JJ. W.P.(Crl) No. 389 OF 2008 J U D G M E N T 18.11.2008