Kerala High Court
Unknown vs By Advs on 8 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942
WP(Crl.).No.66 OF 2021
PETITIONER
SAJNA K.J
AGED 29 YEARS
W/O.SIRAJ,RESIDING AT MANDOPPILLY
HOUSE,KUMARAPURAM.P.O, AMBALAPADY,
PALLIKKARA,ERNAKULAM DISTRICT,
PIN-683565.
BY ADVS.
SRI.K.A.RASHEED
SRI.P.M.HARIS (POOTHULIL)
RESPONDENTS
1 THE STATE POLICE CHIEF
STATE POLICE HEAD QUARTERS,VAZHUTHACAUD,
THIRUVANANTHAPURAM,PIN-695010.
2 THE DISTRICT POLICE CHIEF,
DISTRICT POLICE CHIEF, SH 16,
OPP.POWER HOUSE, ALUVA,
ERNAKULAM DISTRICT, PIN-683101.
3 THE SUB INSPECTOR OF POLICE,
KUNNATHUNADU,PATTIMATTOM,
ERNAKULAM DISTRICT,PIN-683562
SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl).66/2021
2
JUDGMENT
Dated : 8th March, 2021
M.R.Anitha, J.
1. This writ petition has been filed by the
petitioner/wife alleging that her husband left the
house on 8.2.2021 and thereafter his whereabouts
are not known. Her father-in-law reported the
matter to the police and an FIR was registered. But
the complaint of the petitioner is that police is
not divulging any information about the missing
person. Her apprehension is that her husband is
under the illegal detention of some anti-social
elements for extracting money.
2. Notice was issued to respondents 1 to 3 and report
was filed by the 3rd respondent for and on behalf of
respondents 1 to 3. It has been stated in the
WP(Crl).66/2021
report that while the petitioner was working in
Dubai, he had a relationship with one Sana. Knowing
about their relationship, his parents and relatives
did not permit him to return to Dubai and forced to
live with wife and children. Even after
petitioner's husband started living with them, he
continued the contact with Sana. When the entire
family had been to Goa, the husband of the
petitioner introduced Sana to her and asked her
permission to marry her for which the petitioner
was not willing. On 7.2.2021 he left the house and
on tracking the mobile phone it was revealed that
he along with Sana went to Bangalore and thereafter
he eloped with her to Mumbai. According to the 3 rd
respondent, there is nothing to infer that the
petitioner's husband, the alleged detenu is under
the illegal custody of any anti-social elements.
3. Hence we do not find any illegal confinement of the
WP(Crl).66/2021
husband of the petitioner. The writ petition fails
and hence is dismissed.
Sd/-
K.VINOD CHANDRAN, Judge
Sd/-
M.R.ANITHA, Judge
Mrcs/8.3
WP(Crl).66/2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE F.I.R.IN CRIME NO.85/2021
OF KUNNATHANADU POLICE STATION,DATED
11/02/2021.
