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.
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W.P.(Crl)NO. 252 OF 2008
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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,
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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.