IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 WP(Crl.).No. 310 of 2011(S) --------------------------- PETITIONER(S): --------------- SHANMUGHAN, S/O.SREEDHARAN, AGED 59 YEARS, SHANMUGHA VILASOM, PEROOR, TKMC.P.O., KOLLAM-5. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI SMT.BINDU GEORGE RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, KOLLAM-1. 2. SUB INSPECTOR OF POLICE, KILIKOLLOOR POLICE STATION, KILIKOLLOOR.P.O., KOLLAM-691 004. 3. DILEEP, S/O.LATE SATHEESHAN, MULLIKKATTU MELATHIL, CHARUKADU, PERINAD.P.O., KOLLAM-691 601. R1, R2 BY GOVT. PLEDER SRI.C.M.KAMMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.310/11 PETITIONER'S EXHIBITS: EXT.P1:TRUE COPY OF MARRIAGE INVITATION LETTER REGARDING THE MARRIAGE BETWEEN THE PETITIONER'S DAUGHTER AND THE 3RD RESPONDENT. EXT.P2: THE COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 14.2.2011. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ----------------------------------- W.P(Crl.).No.310 OF 2011 ------------------------------------ Dated this the 11th day of July, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. Though this matter is not listed today, it is taken up as the detenue is produced by the Police. Learned counsel for the petitioner is present before us. The petitioner is the father of the alleged detenue. She and the third respondent married on 8.2.2011, going by the pleadings in the petition. The writ petition is filed alleging that the detenue is missing from the matrimonial home. It appears that she has been searched out by the police in the company of some other person and she was produced before the Judicial Magistrate of the II Class, Kollam on 9.7.2011. Obviously therefore, the Judicial Magistrate of the II Class, Kollam can conclude the proceedings at that end by recording WPCR.310/11 2 her statement. If that is done, it will be appropriate remedy rather than pursue this application for issuance of a writ in the nature of Habeas Corpus. We, accordingly, close this matter in the presence of the learned counsel for the petitioner and relegate the parties to appear before the Judicial Magistrate of the II Class, Kollam on 12.7.2011. The police will take care of the direction contained in this order. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- K.SURENDRA MOHAN, Judge. kkb.11/7.