Citation : 2023 Latest Caselaw 1992 Ker
Judgement Date : 3 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
WP(CRL.) NO. 32 OF 2023
PETITIONER:
SUMAYYA V.A
AGED 31 YEARS
W/O SHAMNAS, VALIYAPARAMBIL, KOLLAKADAVU P.O
CHERIYANAD,ALAPPUZHA DISTRICT- 690509.
BY ADV ATHIRA A.MENON
RESPONDENTS:
1 THE CIRCLE INSPECTOR OF POLICE
CHEGANNUR POLICE STATION,
ALAPPUZHA DISTRICT-689121,
2 PREJITHA V.KRISHNA
KANGALIL KIZHAKETHIL VEETTIL VADAKKE ANJILIMOODU
PUTHUPALLY VILLAGE, ALAPPUZHA DISTRICT- 690527.
3 DISTRICT POLICE CHIEF
CCSB ROAD, CIVIL STATION WARD,
ALAPPUZHA, KERALA-688 012
4 SUB INSPECTOR OF POLICE
VENMONY- PULAKADAVU ROAD,
VENMONY, ALAPPUZHA DISTRICT-689 509
5 STATION HOUSE OFFICER,
KAYAMKULAM-THIRUVALLA HWY, KAYAMKULAM, ALAPPUZHA
DISTRICT-690 502. ADDL. R3 TO R5 ARE IMPLEADED AS
PER ORDER DATED 27/01/2023 IN IA.1/2023 IN WP(CRL).
BY ADVS.
PUBLIC PROSECUTOR
SAIGI JACOB PALATTY
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl).No.32 of 2023
2
ALEXANDER THOMAS & C.S.SUDHA, JJ.
=========================================
W.P.(Crl).No.32 of 2023
=========================================
Dated this the 3rd day of February, 2023
JUDGMENT
Alexander Thomas , J.
The prayers in the afore-captioned W.P.(Crl.) seeking for habeas
corpus are as follows:
" I. Issue a writ of Habeas Corpus commanding the 1 st respondent to produce the corpus of "Mr.Shamnas, aged 36 years, S/o Shamsudeen, Kandathil Puthen Veedu, Periyar South, Oachira, Kollam," before the Hon'ble Court immediately and to set him at liberty. II. Direct the 1st respondent to take immediate action to recover 'Shamnas' from the illegal custody of the 2 nd respondent.
III. It is also prayed that this Hon'ble Court may be pleased to dispense with the production of translation of vernacular documents produced in the writ petition. IV. Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case."
2. When the case was taken up for consideration today,
Smt.Athira A.Menon, the learned counsel appearing for the petitioner
would submit on the basis of the instructions from the party that, in view
of the subsequent developments, the above W.P.(Crl) may be closed as
not pressed.
Recording the abovesaid submission of the learned counsel for W.P.(Crl).No.32 of 2023
the petitioner, the above W.P.(Crl) stands dismissed as not pressed.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
C.S.SUDHA, JUDGE
Jms/03.02 W.P.(Crl).No.32 of 2023
APPENDIX OF WP(CRL.) 32/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 09.11.2012 ISSUED BY THE CHERIYANAD GRAMA PANCHAYAT
Exhibit2 TRUE COPY OF THE COMPLAINT DATED 09.01.2023 FILED BY PETITIONER ALONG WITH THE RECEIPT
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