IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(Crl.).No. 563 of 2009(S) ------------------------------------- PETITIONER(S): ---------------------- VAHAB, AGED 35 YEARS, S/O.SULTHAN MOIDEEN, KANJIRAPARAMBU, MANNAM P.O., NORTH PARAVUR. BY ADV. SRI.S.RAJEEV RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY SECRETARY, HOME DEPARTMENT. 2. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. SUPERINTENDENT OF POLICE, O/O.SUPERINTENDENT OF POLICE, THRISSUR. 4. SUB INSPECTOR OF POLICE, PERAMANGALAM, THRISSUR. 5. C.K.MOHAMMED, CHINNAKKAL VEEDU, CHULLIPPADY, CHETTUVA, THRISSUR. 6. SHAFI, S/O.C.K.MOHAMMED, CHINNAKKAL VEEDU, CHULLIPPADY, CHETTUVA, THRISSUR. ADDL.7 K.K.HYDER, S/O.K.KUNJU MOHAMMED, P.O.BOX NO.4020, DOHA, QUTAR, PHONE: 009745531745. ADDL.8. HIDAYATHUNNOOR, W/O.K.K.HYDER, P.O.BOX NO.4020, DOHA, QUTAR. ADDL.9. HUSSAMUDHEEN, S/O.K.K.HYDER, P.O.BOX NO.4020, DOHA, QUTAR. (Additional respondents 7 to 9 were impleaded as per order on I.A.No.332/2010 dated 13.1.2010) R1 TO R4 BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN. R5, R6 BY ADV. SRI.RANJITH XAVIER R7 & R8 BY ADV. SRI.M.K.DAMODARAN, SENIOR ADVOCATE & SRI.M.R.DHANIL THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 563 of 2009(S) APPENDIX: PETITIONER'S EXHIBITS: EXT.P1.PHOTOCOPY OF THE PASSPORT ISSUED BY THE GOVERNMENT OF KERALA IN FAVOUR OF THE DETENU. EXT.P2. PHOTOCOPY OF THE CONSENT GIVEN BY HADIYA FIRDOUSE FOR CONDUCTING THE MARRIAGE BY MOHAMMED ABDUL AZEEZ. EXT.P3. PHOTOCOPY OF THE CERTIFICATE DATED 28.10.2009 ISSUED BY THE MARRIAGE OFFICER, NORTH PARAVUR. EXT.P4.PHOTOCOPY OF THE DETAILED COMPLAINT DATED 28.12.2009 BEFORE THE SUB INSPECTOR OF POLICE, PERAMANGALAM. EXT.P5.PHOTOGRAPH OF THE PETITIONER AND DETENUE TOGETHER WITH THE PARENTS OF THE DETENUE TAKEN AFTER THE MARRIAGE. EXT.P6.PHOTOCOPY OF THE ORDER DATED 21.12.2009 PASSED IN W.P.(CRL) 519 OF 2009 BY THIS HONOURABLE COURT. EXT.P7. PHOTOCOPY OF THE ORDER DATED 30.12.2009 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: EXT.R4A.A TRUE COPY OF THE FAX MESSAGE RECEIVED BY SUB INSPECTOR OF POLICE, PERAMANGALAM, THRISSUR FROM THE ALELGED DETENU. EXT.R4B. A TRUE COPY OF THE FIR REGISTERED BY THE NORTH PARAVUR POLICE STATION IN CRIME NO.1627/09. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(Crl.) No.563 of 2009-S ---------------------------------------------- Dated, this the 28th day of January, 2010 J U D G M E N T K.M.Joseph, J. This writ petition is filed seeking the following reliefs: i). to issue a writ of Habeas Corpus directing the respondents 2 to 4 to produce the corpus of the detenu “Hadiya Firdouse” before this Hon'ble Court expeditiously; and ii). issue a writ of mandamus or any other appropriate writ, order or direction directing the 4th respondent to take action upon Exhibit P4 complaint filed by the petitioner and register crime”. 2. In short, the allegations of the petitioner is as follows: Petitioner is aged 35 years. He is a social worker. He married one Hadiya Firdouse. She has completed the age of 18 years. Ext.P2 and Ext.P3 are the consent given by Hadiya Firdouse for conducting the marriage and the certificate of marriage respectively. The allegation is that the petitioner strongly believes that Hadiya Firdouse is under illegal detention. Pleadings have been settled. WPCR 563/2009 -2- 3. Today, the alleged detenu was produced before us. We interacted with her. We also interacted with the petitioner. From the interaction with the detenu we could not make out that she is under any detention and she would submit that she wish to be with her parents. In the light of the above, it may not be appropriate to permit the petitioner to prosecute the writ petition. The writ petition fails, and accordingly it is dismissed. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS