IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(CRL.).NO. 1 OF 2009(S) ------------------------------------ PETITIONER(S): ----------------------- RAZIYA BEEVI, AGED 38 YEARS, D/O.BEEVI KUNJU, RAZIYA MANZIL, VATTAPLAMOODU, SREENIVASAPURAM P.O., CHEMMARUTHY VILLAGE. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): ------------------------ 1. CIRCLE INSPECTOR OF PPOLICE, VARKALA. 2. SHAREEFA BEEVI, W/O.ABDUL HAMEED, MANNEDUTHAKUZHI VEEDU, MUKKAMPALAMOODU, VEMBAYAM, THEKKADA VILLAGE, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SHRI S.U. NAZAR ADV. SRI.M.DINESH FOR R2 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(CRL) NO. 1 OF 2009 ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF THE AGREEMENT DATED 1.7.1991. EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 30.12.2008 BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE PHOTOGRAPH. RESPONDENTS' EXHIBITS: NIL ------------------------------------- A.K. BASHEER & THOMAS P.JOSEPH, JJ. = = = = = = = = = = = = = = = = = = = = = = = = = = W.P(CRL.) No.1 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 16th day of January, 2009 J U D G M E N T ---------------------- Basheer, J. Petitioner and the alleged detenu are present in Court today also. 2. When this case came up for consideration on January 6, 2009, the following order was passed by us: “Petitioner, respondent No.2 and Ms.Nafia, the alleged detenu are present before the Court. We have spoken to Ms.Nafia as well as the petitioner. 2. Ms.Nafia, who is admittedly above 18 years of age, submits that she is not under confinement of any person as alleged in the writ petition. According to her, she had gone with respondent No.2, who is her aunt, at her own will. She further submits that respondent No.2 had come and picked her up as requested by her. She also states before us that she is not entirely happy to continue to stay with her mother and step father for the time being. W.P(CRL.) No.1 of 2009 -: 2 :- 3. It is also brought to our notice that Ms.Nafia's father, M.Abdul Majeed (petitioner's former husband), who is reportedly employed in Saudi Arabia is likely to come to the country within a week”. 3. Shri Abdul Majeed, father of the detenu is also present in Court. He stated before us that he is prepared to look after his daughter if she wishes to come and stay with him in his residence along with his present wife and three children. The girl, Ms.Nafia, stated before us that she does not intend to go with her mother now and she wants to live with her father and his family. 4. Since it has come on record that the girl is not in illegal custody or confinement as alleged in the Writ Petition, we find no reason to pass any direction as prayed for. Therefore, Ms.Nafia is allowed to go along with her father, Shri Abdul Majeed, if she wishes to do so. 5. It will be open to the petitioner to visit her daughter, in which event neither the father of the girl nor his family members shall W.P(CRL.) No.1 of 2009 -: 3 :- cause any obstruction or hindrance. Writ Petition is closed as above. A.K. BASHEER, JUDGE. THOMAS P.JOSEPH, JUDGE. vsv