IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 154 of 2008(S)
1. FIROZA.T.M., W/O.NABBED ALIM,
... Petitioner
Vs
1. CITY POLICE COMMISSIONER, ERNAKULAM.
... Respondent
2. S.I. OF POLICE, ALUVA
For Petitioner :SRI.SHANAVAS.S
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :22/05/2008
O R D E R
P.R.RAMAN &
T.R.RAMACHANDRAN NAIR,JJ.
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W.P.(Crl)NO.154 OF 2008
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Dated this the 22nd day of May, 2008
JUDGMENT
Raman, J.
This writ petition is filed seeking a direction to produce the body
of Nabbed Alim, aged 36 years, the husband of the petitioner, from the
custody of the respondents. It is alleged that her husband was taken
into custody by the 2nd respondent on 8/5/2008 at 10 p.m. and the
reasons are not disclosed. Representation (Ext.P1) made to the
Director General of Police did not evoke no response. Hence this writ
petition.
2. A statement has been filed by the 2nd respondent-Sub
Inspector of Police, Aluva. It is stated therein that the husband of the
petitioner is involved in other criminal cases. He was arrested on
13/5/2008 and was produced before the Judicial First Class
Magistrate’s Court-I, Perumbavoor on 14/5/2008. It is stated by the
learned Government Pleader that he has been remanded to the judicial
custody by order of the learned Magistrate. As such there is no illegal
custody as of now. However, the petitioner has a complaint that there
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WP(Crl).No.154/2008
was a considerable delay in producing her husband before the court and
the allegations raised against the detenue are also denied. This being a
habeas corpus writ petition, we are not inclined to go into these
allegations. Hence, we close this writ petition without prejudice to the
right of the petitioner to raise such contentions before the appropriate
Magistrate’s Court.
P.R.RAMAN,
Judge.
T.R.RAMACHANDRAN NAIR,
Judge.
kcv.
