High Court Kerala High Court

Muhammed T.P vs State Of Kerala on 29 October, 2008

Kerala High Court
Muhammed T.P vs State Of Kerala on 29 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31738 of 2008(C)


1. MUHAMMED T.P
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE

3. EZHOTH VEETTIL RAMACHANDRAN

                For Petitioner  :SRI.O.V.MANIPRASAD

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :29/10/2008

 O R D E R
                          R.BASANT, J.
                       ----------------------
                    W.P.C.No.31738 of 2008
                   ----------------------------------------
             Dated this the 29th day of October 2008

                         J U D G M E N T

The petitioner is the father of a girl who was allegedly

found to be missing from 04/06/2008. The petitioner filed a

petition before the police and the same was registered as crime

No.186/2008 under the caption “man missing”. Investigation

commenced. In the course of investigation, the missing girl was

traced. She was produced before the learned Magistrate. The

learned Magistrate, when the child was produced on 14/6/2008,

took note of the S.S.L.C book produced by the child which shows

that she was born on 12/5/1990 and hence not a minor on the

date on which the alleged offence was committed. Accordingly

she was permitted to go with the third respondent one

Ramachadran with whom the girl was residing allegedly on her

own free will.

2. The petitioner later came before this court and filed

W.P.(Crl.) 252/08 complaining about the alleged illegal detention

of the petitioner’s daughter by the third respondent. That

petition was disposed of by Ext.P5. The petitioner raised a

contention that as a matter of fact, the child was not born on

W.P.C.No.31738/08 2

12/5/1990 as shown in the school records. But she was actually

born on 28/11/1990 as per the birth register maintained by the

local authority. The Division Bench of this court dismissed the

said writ petition by judgment dated 29/7/2008 as per Ext.P5

order taking the view that it is not necessary in such

proceedings to delve deeper into the question as to which of the

two certificates represent the correct date of birth. Of course, it

was observed that the order of the learned Magistrate dated

14/6/2008 permitting the petitioner’s daughter to go with the

third respondent can be challenged in accordance with law.

3. Accordingly, the petitioner has come before this court.

He contends that the order dated 14/6/2008 is incorrect and

wrong inasmuch as reliance was placed on the incorrect details

available in the S.S.L.C book. Production of the birth register

must have been insisted by the court to ascertain the correct

date of birth, contends the counsel.

4. I am satisfied on the basis of the materials placed

before the learned Magistrate that the learned Magistrate was

perfectly justified in passing the impugned order dated

14/6/2008. Of course, it is for the petitioner to pursue the

W.P.C.No.31738/08 3

complaint filed by him before the police and request the police to

take further action on the allegation that the offence of

kidnapping has been committed by the third respondent in

allegedly taking away the daughter of the petitioner. The

petitioner can certainly contend before the police that

proceedings are not liable to be dropped and further action must

be taken on the complaint filed by him. The petitioner can

approach the learned Magistrate also seeking further directions

for proper investigation and disposal of crime No.186/2008 of

Chandera police station. The impugned order, which is only an

order relating to interim arrangements for the custody of the

daughter of the petitioner, I am satisfied, is not liable to be

disturbed now as the said order is perfectly justified by the

materials available before the court which passed the order.

5. With the above observations, this petition is

dismissed.

(R.BASANT, JUDGE)
jsr

W.P.C.No.31738/08 4

W.P.C.No.31738/08 5

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007