IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(Crl.).No. 309 OF 2008(S) PETITIONER: K.RASHEED, S/O.ALAVIKUTTY, AGED 32, CHENAPPURAM HOUSE, VALIYAPARAMBU.P.O, PULICKAL, MALAPPURAM DISTRICT. BY ADV. SRI.HARISH R. MENON SMT.T.SINDHU RESPONDENTS: 1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, GOVT.OF KERALA, THIRUVANANTHAPURAM. 3. SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT. 4. DEPUTY SUPERINTENDENT OF POLICE, MALAPPURAM. 5. CIRCLE INSPECTOR OF POLICE, KONDOTTY, MALAPPURAM DISTRICT. 6. SUB INSPECTOR OF POLICE, KONDOTTY, MALAPPURAM DISTRICT. 7. THE SUPERINTENDENT,RESCUE HOME, TAVANUR.P.O, KUTTIPURAM, MALAPPURAM DISTRICT. 8. SAROJINI, RESIDING AT ODAYIL HOUSE, NEDIYIRUPPU HARIJAN COLONY.P.O, ARIMBRA, VIA KONDOTTY, MALAPPURAM DISTRICT. GOVT. PLEADER SMT. M.K. PUSHPALATHA. THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(CRL) NO. 309 OF 2008 = = = = = = = = = = = = = = = = = = = DATED THIS, THE 3RD DAY OF SEPTEMBER, 2008. J U D G M E N T Raman, J. Petitioner seeks for a writ of habeas corpus directing Respondents 1 to 6 to produce the body of Miss. Jisha, d/o. Sarojini, the 8th respondent herein, who is presently at Rescue Home, Tavanur, in Malappuram District. According to the petitioner, she is under illegal custody and detention at the instance of the 7th respondent. 2. In the writ petition, it is admitted that the alleged detenue Miss. Jisha was directed to be admitted in the Rescue Home as per an order passed by the Magistrate Court. If so, the custody of the alleged detenue by the 7th respondent cannot be said to be illegal. The correctness or otherwise of the order passed by the Magistrate cannot be examined in a writ petition of habeas corpus. Leaving open other rights, if any, of the petitioner, this writ petition is dismissed. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-