IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(Crl.).No. 334 of 2008(S) --------------------------- PETITIONER(S): --------------- SHAHIDA BEEVI, W/O.NAZER A, AGED 38 YEARS, VARUVILAKATHU VEEDU, NJANDOORKONAM, POWDIKONAM P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.J.JAYAKUMAR RESPONDENT(S): --------------- 1. THE INSPECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPDT. OF POLICE, THIRUVANANTHAPURAM RURAL, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, KAZHAKOOTTAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT. 4. THE SUB INSPECTOR OF POLICE, POTHENCODE POLICE STATION, THIRUVANANTHAPURAM DISTRICT. 5. SABITHA, AGED 26 YEARS, D/O.SUNITHA, CHARUVILA VEEDU, KAVUVILA, POTHENCODE POST, THIRUVANANTHAPURAM DISTRICT. 6. SUMESH, AGED ABOUT 24 YEARS, CHARUVILA VEEDU, KAVUVILA, POTHENCODE POST, THIRUVANANTHAPURAM DISTRICT. ADV. SRI.SENIL R.NATH FOR R5,6 D.G.P. SRI.V.G.GOVINDAN NAIR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.CR.NO.334/2008 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE SSLC CERTIFICATE OF THE PETITIONER'S DAUGHTER. EXT.P2 : TRUE COPY OF THE COMPLAINT DT. 28.8.2008 GIVEN BY THE PETITIONER'S HUSBAND TO THE 4TH RESPONDENT. EXT.P3 : TRUE COPY OF FIR IN CRIME NO.211/2008 OF POTHENCODE POLICE STATION. EXT.P4 : TRUE COPY OF THE COMPLAINT DT. 4.9.2008 GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P5 : TRUE COPY OF THE COMPLAINT DT. 16.9.2008 GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT. KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- W.P.(Crl) No.334 of 2008 ---------------------------------------------- Dated 28th October, 2008. J U D G M E N T Kurian Joseph, J. The petitioner and her minor daughter Ashida Nazar are present. On 7.10.2008, we passed an order expressing our dissatisfaction with regard to the investigation. We also directed the Director General of Prosecution to look into the matter. The learned Director General of Prosecution submits that the investigation thereafter has been effectively conducted and the accused have been arrested. Charge was also altered since Ashida is a minor. It is further submitted that the accused have been enlarged on bail. Ashida submits that she may be permitted to be with her mother. She assures the court that she will pursue her studies, and hereafter, she will be an obedient daughter to the parents. In the above circumstances, it is not necessary for this court to go into the various other allegations raised in the writ petition. It is for the police and the criminal court to deal with the matter appropriately. We direct the respondents 3 and 4 to take steps to recover whatever documents of Ashida, which are kept with the accused, and hand WP(Crl) NO.334/08 2 over the same to her in accordance with law. The Writ Petition(Crl) is disposed of as above. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- W.P.(Crl) No.334 of 2008 ---------------------------------------------- J U D G M E N T Dated 28th October, 2008.