IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WP(C).No. 31186 of 2011(W) ---------------------------------------- CRIME NO.635/2011 OF KONNI POLICE STATION. ................. PETITIONER(S): ----------------------- 1. AKHIL KUMAR R, S/O.RAJENDRAN PILLAI KUZHIPARAMBIL HOUSE, AZHOOR, PATHANAMTHITTA P.O., PATHANAMTHITTA DISTRICT. 2. LEKSHMI @ LEO DAN D/O.DANIEL C.S, MELODY PARK, ELAKOLLOOR P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 2. THE SUB INSPECTOR OF POLICE KONNI POLICE STATION, PATHANAMTHITTA DISTRICT-6. 3. MR. DANIEL C.S, S/O.C.T. SAMUEL MELODY PARK, ELAKOLLOOR P.O., PATHANAMTHITTA DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 31186 of 2011(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE KOZHENCHERY GRAMA PANCHAYATH DT.01.10.2011. EXT.P2 TRUE COPY OF THE FIR IN CRIME NO.635/2011 OF KONNI POLICE STATION ALONG WITH THE STATEMENT GIVEN BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs N.K.BALAKRISHNAN, J. ---------------------------------------------------- W.P.(C).No.31186 of 2011 ---------------------------------------------------- Dated this the 23rd day of November, 2011 Judgment A complaint was given by the father of the second petitioner under Section 57 of the Kerala Police Act, 2011 stating that his daughter (the second petitioner herein) was missing. It is stated that the first petitioner and the second petitioner were in love and thereafter they got themselves married on 1.10.2011. A certificate of marriage was obtained to prove the same as evidenced by Ext.P1. The marriage was solminized at N.S.S.Karayogam as mentioned in Ext.P1. The petitioners were aged 21 years. The date of birth of the second petitioner is shown as 31.7.1990. Since the second petitioner was married by the first petitioner and since the father of the second petitioner has not raised any objection thereafter, no further proceedings is required to be issued under Section 57 of the Kerala Police Act, 2011. The learned counsel for the petitioners submits that under Section 57(6) of the Act, if a woman was reported to be missing, she has to be produced before the Magistrate and the Magistrate WPC 31186/2011 2 shall take such steps as are needed to safeguard the privacy and interest of that person and for that purpose the second petitioner is likely to be sent to such institution. That is not required to be done in this case since she has already been married by the first petitioner and they were reported to be living together happily. Therefore, further proceedings in Crime No.635 of 2011 of Konni Police Station shall remain closed. The Writ Petition is allowed as above. N.K.BALAKRISHNAN, JUDGE. srd WPC 31186/2011 3