IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 501 of 2010(S)
1. MUHAMMEDALI, S/O.MUHAMMED,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED
... Respondent
2. DEPUTY SUPERINTENDENT OF POLICE,
3. THE CIRCLE INSPECTOR OF POLICE,
4. THE SUB INSPECTOR OF POLICE,
5. NISSAR, S/O.ABDULLA,
6. ASHARAF, S/O.MOIDU,
7. SHAN @ SHANAVAS, S/O.AMMED,
For Petitioner :SMT.T.D.RAJALAKSHMI
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :20/12/2010
O R D E R
R.BASANT &
K.SURENDRA MOHAN, JJ.
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WPCR No.501 of 2010
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Dated this the 20th December, 2010
JUDGMENT
Basant, J.
The petitioner has come to this Court with this
petition for the issue of a writ of habeas corpus to search
for trace and produce his brother Sulfikar who was
allegedly missing from 13.12.2010. According to the
petitioner, the alleged detenu was forcibly taken away and
was being detained and confined illegally by persons
including respondents 5 to 7. This petition was filed on
17.12.2010. It was admitted on the same date. Notice
was ordered to the respondents. The case stands posted
to 23.12.2010.
2. This Writ Petition is being called today at the
request of the learned Government Pleader. The learned
Government Pleader submits that the alleged detenu had
appeared before the Ottappalam Police Station today and
the police had straight away taken him to this Court as the
matter stands posted to 23.12.2010. The petitioner is
wpcr No.501/2010 2
present. The petitioner is represented by his counsel.
3. The petitioner and the alleged detenu submit that
they do not seek any further directions in the matter. The
alleged detenu having been traced and having appeared
before this Court, we are satisfied that he is not now under
any illegal confinement or detention. It is not necessary to
issue any further directions in this case. However, we
take note of the nature of the allegations raised. Crime
No.766/2010 of Shornur Police Station has already been
registered. The learned Government Pleader submits that
the investigation is in progress. We need only mention that
the mere fact that we are discontinuing further
proceedings in this writ petition does not ipso facto mean
that the police must discontinue the investigation into
Crime No.766/2010. The police shall have to complete
investigation in accordance with law. The mere fact that
the petitioner or the alleged detenu now conveniently
state that they have no grievance against any one is
according to us, no reason to discontinue the criminal
proceedings, though we have satisfied ourselves that the
alleged detenu, is not under any illegal confinement or
wpcr No.501/2010 3
detention now and choose not to proceed further with this
writ petition.
This writ petition is accordingly dismissed with the
above observations.
R.BASANT
JUDGE
K.SURENDRA MOHAN
JUDGE
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