IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WP(Crl.).No. 444 of 2008(S) ---------------------------------- PETITIONER: ---------------- MUHAMMED ABDUL HARIS, S/O.KUNHU MUHAMMED, AGED 32 YEARS, NAIRPADI, VENGAD, MALAPPURAM DIST. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------------- 1. THE SUPERINTENDNET OF POLICE, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, KOTTAKKAL POLICE STATION, MALAPPURAM DIST. 3. O.P. SHAREEFA, D/O. MUHAMMEDKUTTY, OLAPULAVAN HOUSE, CHANGUVETTY, KOTTAKKAL, MALAPPURAM DIST. 4. AYSHA MUMTAZ, W/O. MUHAMMEDKUTTY, OLAPULAVAN HOUSE, CHANGUVETTY, KOTTAKKAL, MALAPPURAM DIST. 5. HANEEFA, S/O. HUSSAIN, KIZHAKKETHALAKKAL HOUSE, VALAMBUR, PERINTHALMANNA, MALAPPURAM DIST. ADV. SRI.SURAJ.S FOR R3 TO R5 GOVERNMENT PLEADER SRI. SHYSON P. MANKUZHA. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl).No.444 /2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF the PETITION FILED BY THE PETITIONER BEFORE THE FAMILY COURT, MALAPPURAM AS O.P.No.927/2008. EXT. P2 : COPY OF THE APPLICATION IN I.A.No.2617/2008 IN O.P.No.927/2008 OF THE FAMILY COURT, MALAPPURAM. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp KURIAN JOSEPH & K.T. SANKARAN, JJ. ------------------------------------------ W.P.(Crl.) No.444 OF 2008 ------------------------------------------ Dated this the 9th day of December, 2008. J U D G M E N T Kurian Joseph, J. This writ petition is filed with the following prayer: i) Issue a writ of Habeas Corpus or any other appropriate writs, orders of directions commanding the respondents to produce the minor child - Hadi Aman, aged 11 months before this Hon'ble Court and to permit the petitioner to see the child. Pursuant to the direction issued by this Court, respondents 3 to 5 appeared before this Court. The child also was produced. The child was produced before the Family Court, Malappuram also. The petitioner has interacted with the child. Since O.P.No.927/2008 is now pending before the Family Court, Malappuram, we do not want to make any further observations in the matter since the child is with the mother and W.P.(Crl.)444/08 2 since the rest of the matter is to be considered by the Family Court, Malappuram. This writ petition is hence dismissed. KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp W.P.(Crl.)444/08 3 KURIAN JOSEPH & K.T. SANKARAN, JJ. W.P.(Crl)No.444 OF 2008 J U D G M E N T 09.12.2008