M.V.Bhavitha vs Deputy Superintendent Of Police & … on 2 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(Crl.).No. 508 of 2009(S)



1. M.V.BHAVITHA
                      ...  Petitioner

                        Vs

1. DEPUTY SUPERINTENDENT OF POLICE & OTHERS
                       ...       Respondent

                For Petitioner  :SRI.K.S.MADHUSOODANAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :02/12/2009

 O R D E R
                 R.BASANT & M.C.HARI RANI, JJ.
          --------------------------------------------------
                 W.P.(Crl.)No.508 OF 2009
       -----------------------------------------------------
           DATED THIS THE 2nd DAY OF DECEMBER, 2009

                           J U D G M E N T

Basant, J.

The petitioner has come to this Court for issue of a writ of

habeas corpus to search for, trace and produce her husband

Sunil Kumar, who she apprehended is in the illegal custody and

confinement of the respondents herein -all police officials. This

petition was filed on 1.12.2009. It has come up for hearing

today. The learned counsel for the petitioner submits that

subsequent to the filing of this Petition, at about 5 p.m. on

1.12.2009, the petitioner’s husband has been produced before

the J.F.C.M., Ottappalam raising allegations of commission of

crimes against him. According to the petitioner, the alleged

detenu was not arrested as alleged by the police, but was

arrested much earlier and was kept in the illegal custody and

confinement. But, at any rate, the detenu having been produced

now, the learned counsel for the petitioner submits that no

further directions are necessary in this petition now. But the

learned counsel prays that the right of the petitioner and her

W.P.(Crl.)No.508/09 -2-

husband to raise their grievances before appropriate authorities

about illegal detention and custody prior to the production of the

alleged detenu before the learned Magistrate may not be fettered

by the dismissal of this Writ Petition.

2. Request of the learned counsel for the petitioner is

accepted. This Writ Petition is accordingly dismissed. But, it is

made clear that the dismissal of this Writ Petition will not in any

way affect the rights of the petitioner and her husband, the

alleged detenue to raise their grievances and seek appropriate

relief before appropriate authorities in respect of the alleged

illegal detention/confinement of the husband of the petitioner.

R.BASANT, JUDGE.

M.C.HARI RANI, JUDGE.

dsn