Shinu Peter vs The Station House Officer
2023 Latest Caselaw 9176 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                              &
          THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
 WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                  WP(CRL.) NO. 803 OF 2023


PETITIONER:


          SHINU PETER, AGED 28 YEARS, S/O.PETER,
          THADATHIL HOUSE, ARINALLOOR P.O.,
          THEVALAKKARA, KOLLAM,
          PIN - 690538.
          BY ADVS.
          M.I.MUHAMMED MUSTHAFA
          SYAM JESAN

RESPONDENTS:


    1     THE STATION HOUSE OFFICER,
          CHAVARA THEKKUMBHAGAM POLICE STATION,
          KOLLAM, PIN - 690502.
    2     ALEX, AGED 55 YEARS, S/O.NOT KNOWN, KOTTUR
          KIZHAKKATHIL HOUSE, KOIVILA P.O., THEVALAKKARA,
          KARUNAGAPPALLY, KOLLAM, PIN - 691590.
    3     VIMALA, AGED ABOUT 45 YEARS, W/O.ALEX,
          KOTTUR KIZHAKKATHIL HOUSE, KOIVILA P.O.,
          THEVALAKKARA, KARUNAGAPPALLY, KOLLAM,
          PIN - 691590.
          BY ADVS.
          VINOY VARGHESE KALLUMMOOTTIL
          DIRECTOR GENERAL OF PROSECUTION
          (AG-10) P.NARAYANAN, SENIOR G.P. AND
          ADDL.PUBLIC PROSECUTOR


THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(Crl.) No.803/2023               2




                               JUDGMENT

A.Muhamed Mustaque, J.

This writ petition (Criminal) was filed alleging that

the third respondent detained her daughter against her

will. The petitioner claims that he had a love affair

with the detenue and the parents of the detenue are

against that affair. The detenue is before us. We interacted with her. We also deputed Adv.Mini Gopinath to

interact with the detenue. Based on our interaction and

based on the interaction of Adv.Mini Gopinath, the detenue

is firm to go with the petitioner. She is 24 years old.

She stated before us that she does not want to stay with

her parents. The said statement is recorded. We allow the

detenue to go with the petitioner.

The writ petition (Criminal) is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE ln

APPENDIX OF WP(CRL.) 803/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE AADHAR CARD OF THE PETITIONER Exhibit P2 A TRUE COPY OF THE DRIVING LICENCE ISSUED BY THE KERALA MOTOR VEHICLE DEPARTMENT TO THE DETENUE DATED 12.10.2018 Exhibit P3 A TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER OF THEKKUMBHAGAM POLICE STATION DATED 24/07/2023 Exhibit P4 A TRUE COPY OF THE POSTAL RECEIPT DATED 24.07.2023