High Court Kerala High Court

Muhammed.T.P vs District Superintendent Of … on 29 July, 2008

Kerala High Court
Muhammed.T.P vs District Superintendent Of … on 29 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(Crl.).No. 252 of 2008(S)


1. MUHAMMED.T.P, S/O. AHAMMED,
                      ...  Petitioner

                        Vs



1. DISTRICT SUPERINTENDENT OF POLICE,
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

3. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.O.V.MANIPRASAD

                For Respondent  :SRI.SUNNY MATHEW

The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :29/07/2008

 O R D E R
                            P.R.RAMAN &
                  T.R.RAMACHANDRAN NAIR,JJ.
              -------------------------------
                  W.P.(Crl)NO. 252 OF 2008
             --------------------------------
           Dated this the 29th day of July,2008

                              JUDGMENT

Raman,J.

Petitioner alleges that his minor daughter by name Ramseena

T.P. was illegally detained by the 4th respondent. It is averred that

the date of birth of the alleged detenue is 28/11/1990 and she will

be aged 18 years on 28/11/2008. The alleged detenue was found

missing since 4/6/2008. The complaint made to the Police

however did not yield any result. Hence this writ petition for

producing the corpus of the alleged detenue before this Court and

to release her.

2. Pursuant to the notice issued, the parties appeared. We

have interacted with the alleged detenue and she stated that she

went along with the 4th respondent on her on accord and she is not

in the illegal custody of anybody. The front page of the S.S.L.C.

Book produced in this case shows that she has attained majority,

-2-
WP(Crl).No.252/2008

but Ext.P1 birth certificate shows that her date of birth is

28/11/1990. In a writ petition of this nature we do not think it will

be appropriate nor it is feasible to find out the actual date of birth,

since it requires further evidence to be taken. The alleged detenue

was produced before the Magistrate’s Court on 14/6/2008 and she

was allowed to go along with the 4th respondent on the basis of the

age as declared in Ext.P3. The legality of the order passed by the

learned Magistrate is left open. In case the petitioner has got a case

that the order passed by the Magistrate is in any way wrong on the

basis of Ext.P1, it is upto the petitioner to seek appropriate remedy

as is available to him under law.

Writ Petition is closed without prejudice to such right of the

petitioner.

P.R.RAMAN,
Judge.

T.R.RAMACHANDRAN NAIR,
Judge.

kcv.