IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 WP(Crl.).No. 252 of 2008(S) --------------------------- PETITIONER: ----------------- MUHAMMED.T.P, S/O. AHAMMED, UDUMPUMTHALA.P.O, SOUTH THRIKARIPUR VILLAGE, KASARAGOD. BY ADV. SRI.O.V.MANIPRASAD RESPONDENTS: --------------------- 1. DISTRICT SUPERINTENDENT OF POLICE, KASARAGOD. 2. THE SUB INSPECTOR OF POLICE, CHANDERA POLICE STATION, KASARAGOD. 3. THE SUB INSPECTOR OF POLICE, PERINGOME POLICE STATION, KANNUR. (EZHOTH VEETIL RAMACHANDRAN, S/O. NARAYANAN, VADASSERI, KANKOLE.P.O, PAYYANNUR VIA, KANNUR. 4 .EZHOTH VEETTIL RAMACHANDERAN, S/O.NARAYANAN, VADASSERI, KANKOLE P.O., PAYYANNUR - VIA. KANNUR DISTRICT. R1 TO R3 BY GOVT.PLEADER SRI C.M.KAMMAPPU R4 BY ADV. SRI.SUNNY MATHEW THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL).NO.252/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED FROM PAYYANUR MUNICIPALITY DTD. 30/6/2008. EXT.P2 TRUE COPY OF THE FIR IN CRIME NO,186/08 OF CHANDERA POLICE STATION DTD. 11/6/2008. EXT.P3 TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF PETITIONER'S DAUGHTER RAMSEENA T.P. P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(Crl)NO. 252 OF 2008 -------------------------------- Dated this the 29th day of July,2008 JUDGMENT Raman,J. Petitioner alleges that his minor daughter by name Ramseena T.P. was illegally detained by the 4th respondent. It is averred that the date of birth of the alleged detenue is 28/11/1990 and she will be aged 18 years on 28/11/2008. The alleged detenue was found missing since 4/6/2008. The complaint made to the Police however did not yield any result. Hence this writ petition for producing the corpus of the alleged detenue before this Court and to release her. 2. Pursuant to the notice issued, the parties appeared. We have interacted with the alleged detenue and she stated that she went along with the 4th respondent on her on accord and she is not in the illegal custody of anybody. The front page of the S.S.L.C. Book produced in this case shows that she has attained majority, -2- WP(Crl).No.252/2008 but Ext.P1 birth certificate shows that her date of birth is 28/11/1990. In a writ petition of this nature we do not think it will be appropriate nor it is feasible to find out the actual date of birth, since it requires further evidence to be taken. The alleged detenue was produced before the Magistrate's Court on 14/6/2008 and she was allowed to go along with the 4th respondent on the basis of the age as declared in Ext.P3. The legality of the order passed by the learned Magistrate is left open. In case the petitioner has got a case that the order passed by the Magistrate is in any way wrong on the basis of Ext.P1, it is upto the petitioner to seek appropriate remedy as is available to him under law. Writ Petition is closed without prejudice to such right of the petitioner. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.