IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 WP(Crl.).No. 26 of 2008(S) -------------------------- PETITIONER: ------------ K.J.VIJAYAN, AGED 57 YEARS, KUNNUMPURATH HOUSE, NETTOOR P.O., MARADU, ERNAKULAM DISTRICT. BY ADV. SRI.R.DIVAKARAN SRI.VINUCHAND RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE, PANANGAD POLICE STATION, ERNAKULAM DISTRICT. 2. REJI, DANIEL, AGED 26 YEARS, S/O.DANIEL MATHEW, C/O.K.T.KURIAN PASTER, IPC CHURCH, MANJADI, THIRUVALLA. R1 BY GOVT.PLEADER SRI C.M.KAMMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE FIR IN CRIME NO.825/2007 OF PANANGAD POLICE STATION . //TRUE COPY// P.R.RAMAN & V.K.MOHANAN,JJ. ---------------------------------------------- W.P.(Crl.)No. 26 of 2008 ---------------------------------------------- Dated, 30th January, 2008. JUDGMENT Raman,J. The petitioner who is the father of one Asha Vijayan, the alleged detenue admittedly 23 years old and hence a major, has filed this writ of habeas corpus alleging that his daughter who was studying in the final year B.Sc. Physiotherapy in the School of Medical education at Thevara, was found missing from 19-11- 2007. Though as usual she left the house to school, thereafter she never returned to the house. Complaints were made to the police, but no effective enquiry was conducted by them to find out the whereabouts of the alleged detenue. On further enquiry it would reveal that the alleged detenue is under illegal custody of the 2nd respondent who is stated to be an accused in several crimes. 2. We issued notice to the 2nd respondent by special messenger but notice was returned as the 2nd respondent was not available in the given address. 3. The learned Government Pleader appearing on behalf of the State, however, submitted on instruction that WPCR 26/08 -: 2 :- investigation so far conducted reveals that the alleged detenue had contacted the Station House Officer from a mobile phone No.09902630597 and informed the officer that she was in love with Sri Reji Daniel and they got married on 5-1-2008 before the Puthuppally Sub Registrar's Office and they are at present in New Delhi. Photo copy of the certificate of marriage is also produced for perusal. The said certificate is seen issued under section 13 of the Special Marriage Act showing that on 5-1-2008, Reji Daniel Mathew, son of Daniel Mathew and Asha Vijayan, the alleged detenue were got married under the said Act. In the circumstances, leaving open the right of the petitioner to seek other remedies before other forums, this writ of habeas corpus is closed. P.R.RAMAN, JUDGE. V.K.MOHANAN, JUDGE. kvm/- WPCR 26/08 -: 3 :- V.K.MOHANAN, J. No.... Judgment/Order Dated: