Ashraf K. vs State Of Kerala

Citation : 2021 Latest Caselaw 592 Ker
Judgement Date : 7 January, 2021

Kerala High Court
Ashraf K. vs State Of Kerala on 7 January, 2021
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                                    &

                 THE HONOURABLE MRS. JUSTICE M.R.ANITHA

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                         WP(Crl.).No.5 OF 2021

PETITIONER:

               ASHRAF K., AGED 40 YEARS
               S/O.AHAMMED KOWAL PEEDIKAYIL, VALVAKKAD,
               NEAR RICE MILL, SOUTH THRIKKARIPUR, ELAMBACHI,
               KASARAGOD 671 311

               BY ADVS.
               SRI.RAHUL SASI
               SMT.NEETHU PREM

RESPONDENTS:

      1        STATE OF KERALA
               REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
               ERNAKULAM 682 031

      2        STATION HOUSE OFFICER
               CHANDERA POLICE STATION, KASARAGOD 671310

      3        CIRCLE INSPECTOR OF POLICE
               CHANDERA POLICE STATION, KASARAGOD 671310

      4        SUPERINTENDENT OF POLICE
               KASARAGOD, PARAKATTA, KUDLU,
               CHANDERA POLICE STATION, KASARAGOD 671310

      5        MADAMBILLATH ASHRAF, SAFA MANZIL, BEERICHERY,
               THRIKKARIPUR P.O., KASARAGOD 671310

      6        ZUBAIDA UDINOOR PEEDIKAYIL
               W/O.MADAMBILLATH ASHRAF, SAFA MANZIL, BEERICHERY,
               THRIKARIPUR P.O., KASARAGOD 671310


               SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND

     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(Crl.).No.5 OF 2021                   2




                                    JUDGMENT

Dated this the 7th day of January, 2021 K. Vinod Chandran, J.

The petitioner claims to be the husband of the daughter of respondents 5 & 6. It is claimed that the wife of the petitioner is in illegal custody of her parents.

2. We do not find any reason to issue a writ of habeas corpus in this matter. The appropriate remedy would be to approach the Family Court.

The writ petition is hence dismissed.

Sd/-

K. VINOD CHANDRAN, Judge.

Sd/-

M.R. ANITHA, Judge.

sp/07/01/2021 //True Copy// P.A. To Judge WP(Crl.).No.5 OF 2021 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 THE TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 21.3.2013 EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT DATED 28.12.2020 MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT