IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(Crl.).No. 338 of 2009(S) --------------------------- PETITIONER : --------------- RAZIA, W/O SHAHUL HAMEED, “CARGIL HOUSE” PATHODI, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY CHIEF SECRETARY, HOME DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE SUPERINTENDENT OF POLICE, S.P.OFFICE, KASARAGOD. 3. SUB INSPECTOR OF POLICE, MANJESHWER POLICE STATION, KASARAGOD. BY GOVT.PLEADER SHRI K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.338 OF 2009 ----------------------------------------------------- DATED THIS THE 21st DAY OF AUGUST, 2009 J U D G M E N T Basant, J. The petitioner has come to this Court raising the allegation that her husband Shahul Hameed, S/o Moosa, aged 33 years, is missing from 15.8.2009. According to her, her husband-the alleged detenu was being illegally kept in the custody of the police. It is in these circumstances that she came to Court on 20.8.2009, as her husband's whereabouts after he was allegedly taken into police custody were not known or revealed to her. 2. This petition was admitted on 20.8.2009. The learned Government Pleader took notice on behalf of respondents 1 to 3. The learned Government Pleader was directed to take instructions and make submissions today. 3. Today, when the matter came up for consideration, the learned counsel for the petitioner as also the learned Government Pleader submit that the husband of the petitioner, the said Shahul Hameed has already been arrested and produced W.P.(Crl.)No.338/09 -2- before the learned Magistrate having jurisdiction by 12 noon on 20.8.2009. While the learned Government Pleader on behalf of the respondents submits that the arrest was effected only at 3AM on 20.8.2009 in Uppala Crime No.233/09 under section 41(1)(d) of the Code of Criminal Procedure, the learned counsel for the petitioner submits that he was taken into custody much earlier on 14.8.2009 and was kept in illegal custody. The learned counsel for the petitioner raises a further grievance that the husband of the petitioner was brutally assaulted by the police while in their custody. 4. The alleged detenu, the husband of the petitioner is now admittedly in judicial custody. In this petition for issue of a writ of habeas corpus, we do not propose to go into the further dispute between the parties about the precise time when the husband of the petitioner was actually taken into custody. We do not also propose to go into the disputed questions of facts as to whether the petitioner's husband was subjected to physical assault and torture while in custody, prior to his production before the Magistrate. The learned counsel for the petitioner W.P.(Crl.)No.338/09 -3- submits that a complaint has already been made before the concerned Magistrate by the husband of the petitioner about his illegal detention and assault prior to his production before the Magistrate. We need only mention that it shall be open to the petitioner and/or her husband to raise their grievances on these aspects before the appropriate fora and seek relief. In this Writ Petition, we do not propose to go into those disputed questions of facts. 5. The petitioner's husband having already been produced before the Magistrate, we dismiss this Writ Petition as unnecessary now, making it clear that the right of the petitioner and/or her husband to complain about the alleged illegal detention and torture prior to production before the Magistrate shall remain unfettered by the dismissal of this Writ Petition. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn