IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 WP(Crl.).No. 498 of 2010(S) ---------------------------------- PETITIONER(S): --------------- PRAMOD P., S/O.PONNAPPAN, VILANAGATHARA PUTHENVEEDU, KIDANGANNUR MURI, KIDANGANNUR, PATHANAMTHITTA DISTRICT NOW RESIDING AT THARAKANS VILLA, ANGADICAL SOUTH MURI, CHENGANNUR VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.ABRAHAM SAMSON SMT.LOVELY SAMSON RESPONDENT(S): ----------------------- 1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA, PIN - 688 001. 2. CIRCLE INSPECTOR OF POLICE, CHENGANNUR, 689 121. 3. SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION, 689 121. BY GOVT.PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 23/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPCR No.498 of 2010 ------------------------------------------- Dated this the 23rd December, 2010 JUDGMENT Basant, J. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for trace and procedure an adult major woman by name Shalini who is stated to be missing from 7.12.2010. 2. According to the petitioner, the said alleged detenue Shalini was already married to another person. He is no more. She has a child in that wed lock. The petitioner and the said Shalini decided to live together. They were living together. Both were accused together in a crime registered by the Kunnathunadu Police. They were arrested and released from custody. From 7.12.2010, the said lady has been missing. It is the further grievance of the petitioner that when she disappeared, she had taken with her the petitioner's sim card, cheque leaves and an amount of Rs.1.5 lakhs in cash. 3. This petition was filed on 14.12.2010. It came up WPCR No.498/2010 2 for consideration on 17.12.2010 and 20.12.2010. We have not satisfied prima facie that there are any elements of illegal detention or confinement. We wanted the learned Government Pleader to take instructions and make appropriate submissions. 4. Today, the learned Government Pleader submits that it is true that the said lady Shalini is missing. But, according to the learned Government Pleader, the police are not satisfied that there is any illegal detention or confinement involved. The petitioner is not the husband of the said Shalini. They were accused together in one crime. They were arrested and released. Subsequently, the petitioner had filed a complaint that she is missing. A crime has been registered. Investigation is in progress. The police have not been able to trace the alleged detenue/missing woman so far. 5. We have heard the learned Government Pleader and the learned counsel for the petitioner. We must say that prima facie, we find absolutely no reason to invoke our extraordinary constitutional jurisdiction under Article 226 of the constitution, even if we accept the case of the WPCR No.498/2010 3 petitioner in toto. It is the case of the petitioner that the lady has gone away from the house of the petitioner after stealthily removing certain articles. There is not even an allegation of illegal detention or confinement. Regarding the complaint of man missing, a crime has been registered and the investigation is in progress. We are satisfied that no direction under Article 226 need now be issued. 6. This writ petition is in these circumstances dismissed. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/