Kerala High Court
Ajumal Hussain vs Station House Officer on 16 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
WP(CRL.) NO. 424 OF 2024
PETITIONER
AJUMAL HUSSAIN
AGED 25 YEARS
S/O. ANWAR HUSSAIN, KALATHIPARAMBIL HOUSE,
ELAMAKKARA, ERNAKULAM DISTRICT, PIN - 682026
BY ADVS.
AMRIN FATHIMA
J.RAMKUMAR
SURUMI NAZAR
RESPONDENTS:
1 STATION HOUSE OFFICER
ELAMAKKARA POLICE STATION,
ELAMAKKARA, ERNAKULAM, PIN - 682026
2 K.T.JASEENA
W/O. P.K.ABDUL LATHEEF, VITHAYATHIL T
HE METROPOLE APARTMENT, KALOOR, ELAMAKKARA,
ERNAKULAM DISTRICT, PIN - 682026
3 P.K.ABDUL LATHEEF
VITHAYATHIL, THE METROPOLE APARTMENT,
KALOOR, ELAMAKKARA,
ERNAKULAM DISTRICT, PIN - 682026
SR. GP - SMT. VIDHYA KURIAKOSE,
ADV. N. MMOHAMMED AYUB - R2 & R3
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl) No.424 Of 2024
2
JUDGMENT
Dated this the 16th day of April, 2024 Nagaresh, J.
The petitioner states that he is in love with the detenue. They have submitted Ext.P1 notice of Intended Marriage before the Marriage Officer. The Marriage Officer accepted the application on 24.03.2024. The petitioner was given date on 03.05.2024 for solemnisation of marriage.
2. The petitioner submits that the 3 rd respondent has now detained the detenue at the residence after cutting all her communications with the petitioner. The petitioner apprehends that the 3rd respondent is intending to conduct marriage of the detenue with third party against her will or consent.
3. When this writ petition came up for admission on 12.04.2024, this Court passed an interim order directing the WP(Crl) No.424 Of 2024 3 1st respondent to ensure that the alleged detenue is produced before this Court in person on 16.04.2024.
4. We have interacted with the alleged detenue who is present in the Court today. The alleged detenue admits that she knows the petitioner. However, she is not in illegal custody. She is living with her parents at her own free will. The detenue submits that she does not intend to go with the petitioner as of now.
In view of the afore facts, we find that there is no illegal detention. The W.P.(Crl) fails and it is therefore dismissed.
Sd/-
N. NAGARESH, JUDGE Sd/-
P.M.MANOJ, JUDGE hmh WP(Crl) No.424 Of 2024 4 APPENDIX OF WP(CRL.) 424/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE OF INTENDED MARRIAGE SUBMITTED BEFORE THE MARRIAGE OFFICER FOR ERNAKULAM DISTRICT AND EDAPPALLY SUB REGISTRAR OFFICE