IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(Crl.).No. 307 of 2011(S) ------------------------------------ PETITIONER(S): ---------------------- BABU, S/O.LATE KUTTAPPAN, AGED 42 YEARS, PANAGATTU PARAMBIL HOUSE, ERAYAMKUDY P.O., MAMBRA, PIN-680308, KALLOOR THEKKUMMURY, MUKUNDAPURAM, THRISSUR DISTRICT. BY ADV. SRI.P.A.MUJEEB RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE (RURAL), THRISSUR DISTRICT-PIN-680001. 2. THE C.I. OF POLICE, KORATTI POLICE STATION, THRISSUR DISTRICT-PIN-680309. 3. THE S.I. OF POLICE, KORATTI POLICE STATION, THRISSUR DISTRICT-PIN-680309. BY SENIOR GOVERNMENT PLEADER SRI.P.K.BABU. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 29/06/2011, HE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPCR NO.307 OF 2011: EXT.P1.TRUE COPY OF COMPLAINT DATED 13.6.2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(Crl.) No. 307 of 2011-S ---------------------------------------------- Dated, this the 29th day of June, 2011 J U D G M E N T K.M.Joseph, J. Petitioner seeks a writ of Habeas Corpus for tracing out and producing his wife and two sons. He also seeks a writ of mandamus directing respondents 1 to 3 to consider Ext.P1 and to take appropriate action on Ext.P1 emergently. 2. We had directed the learned Government Pleader to get instructions. Today, when the matter came up, the learned Government Pleader, on instructions, would submit that actually the wife of the petitioner had left on account of the cruelty of the petitioner and that she is going to seek divorce. We notice that apart from the vague allegations that the petitioner's wife and sons are under illegal custody of some anti social elements and their life is in danger, there is no specific allegations made against any particular person. Moreover, going by the stand of the learned Government Pleader made on the basis of the instructions, it would appear that the wife is not under any illegal detention and she left on her own. Without prejudice to the right of the petitioner to any other remedy open to him in any other forum, this Writ Petition (Criminal) is closed. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS