IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 269 of 2009(S)
1. FLORY CHACKO W/O.P.C.CHACKO
... Petitioner
Vs
1. CYRIL SANJAY PETER AGED 40 YEARS,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. THE SUPERINTEND OF POLICE
4. THE COMMISSIONER OF POLICE, KOCHI CITY
5. THE DIRECTOR GENERAL OF POLICE,
For Petitioner :SRI.K.R.VINOD
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :16/07/2009
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P.(Crl)No.269 OF 2009
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DATED THIS THE 16th DAY OF JULY, 2009
J U D G M E N T
Basant, J.
Petitioner, the mother of the alleged detenue Sony, aged 31
years has come to this Court complaining that her daughter and
grandson, aged 5 years, are being illegally detained by the first
respondent herein, who is none other than the husband/father of
the alleged detenues. This petition was filed on 8.7.2009. It was
admitted and notice was ordered on 9.7.2009. The matter stands
posted to this day.
2. Today, when the matter came up for hearing, the
learned counsel for the petitioner submits that the alleged
detenues were produced before the Magistrate and as per the
wishes expressed by the alleged detenue, the daughter of the
petitioner, she and her son were permitted to go along with the
first respondent herein. In these circumstances, the petitioner
does not need or seek any further directions, submits the learned
counsel for the petitioner.
3. The learned counsel for the first respondent, who
represents the alleged detenues also submits that the alleged
W.P.(Crl.)No.269/09 -2-
detenue, the first respondent and their child are on their way to
the Court and they have not reached the Court so far. We think,
it is unnecessary to wait for the appearance of the first
respondent and the alleged detenues. As the petitioner does not
want any further relief, we are satisfied that this Writ Petition can
now be dismissed as unnecessary.
4. The learned counsel for the first respondent submits
that the two elder children born to the first respondent and the
alleged detenue are with the petitioner herein and the first
respondent and the alleged detenue intend to take steps to get
custody of those children. Needless to say, the dismissal of this
Writ Petition will not in any way fetter the rights of the first
respondent and the alleged detenue to seek appropriate
directions from the appropriate court regarding the custody of the
two elder children who are said to be in the custody of the
petitioner. This Writ Petition is accordingly dismissed with the
above observation.
R.BASANT, JUDGE.
M.C.HARI RANI, JUDGE.
dsn