IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(Crl.).No. 269 of 2009(S) --------------------------- PETITIONER: ------------- FLORY CHACKO W/O.P.C.CHACKO AGED 54 YEARS,PULLUPARAMBIL HOUSE, GALAXY LANE, SOBHA ROAD, VENNALA P.O. ERNAKULAM. BY ADV. SRI.K.R.VINOD RESPONDENTS: --------------- 1. CYRIL SANJAY PETER AGED 40 YEARS, "UMALAYA" GANAPATHI, 4/C/9 LAKSHMIPURAM COIMBATORE - 641006. 2. THE SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, ERNAKULAM. 3. THE SUPERINTEND OF POLICE RURAL (ALUVA) 4. THE COMMISSIONER OF POLICE, KOCHI CITY 5. THE DIRECTOR GENERAL OF POLICE, KERALA STATE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. BY GOVT.PLEADER SHRI K.J.MOHAMMED ANZAR FOR R2 TO R5 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl)No.269 OF 2009 ---------------------------------------------- DATED THIS THE 16th DAY OF JULY, 2009 J U D G M E N T Basant, J. Petitioner, the mother of the alleged detenue Sony, aged 31 years has come to this Court complaining that her daughter and grandson, aged 5 years, are being illegally detained by the first respondent herein, who is none other than the husband/father of the alleged detenues. This petition was filed on 8.7.2009. It was admitted and notice was ordered on 9.7.2009. The matter stands posted to this day. 2. Today, when the matter came up for hearing, the learned counsel for the petitioner submits that the alleged detenues were produced before the Magistrate and as per the wishes expressed by the alleged detenue, the daughter of the petitioner, she and her son were permitted to go along with the first respondent herein. In these circumstances, the petitioner does not need or seek any further directions, submits the learned counsel for the petitioner. 3. The learned counsel for the first respondent, who represents the alleged detenues also submits that the alleged W.P.(Crl.)No.269/09 -2- detenue, the first respondent and their child are on their way to the Court and they have not reached the Court so far. We think, it is unnecessary to wait for the appearance of the first respondent and the alleged detenues. As the petitioner does not want any further relief, we are satisfied that this Writ Petition can now be dismissed as unnecessary. 4. The learned counsel for the first respondent submits that the two elder children born to the first respondent and the alleged detenue are with the petitioner herein and the first respondent and the alleged detenue intend to take steps to get custody of those children. Needless to say, the dismissal of this Writ Petition will not in any way fetter the rights of the first respondent and the alleged detenue to seek appropriate directions from the appropriate court regarding the custody of the two elder children who are said to be in the custody of the petitioner. This Writ Petition is accordingly dismissed with the above observation. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn