Aseena P vs The District Magistrate
2023 Latest Caselaw 443 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

              THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

                                       &

           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

         WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944

                           WP(CRL.) NO. 769 OF 2022

PETITIONER/S:

             ASEENA P
             AGED 30 YEARS
             W/O SHAMEER C
             RESIDING AT PANDIYANCHERY HOUSE,
             MELMURINGODY P.O.,
             KANNUR DISTRICT
             , PIN - 670673

             BY ADVS.
             SUNNY MATHEW
             NIKITTA TRESSY GEORGE



RESPONDENTS:

     1       THE DISTRICT MAGISTRATE
             KANNUR, PIN - 670002

     2       ADDITIONAL CHEIF SECRETARY
             TO GOVT. HOME DEPARTMENT
             GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM
             , PIN - 695001

     3       THE STATE OF KERALA
             REPRESENTED BY THE
             HOME SECRETARY TO GOVERNMENT,
             GOVERNMENT SECRETARIAT,
             TRIVANDRUM
             , PIN - 695001

     4       THE SUPERINTENDENT
             CENTRAL PRISON, KANNUR, PIN - 670004

             BY ADVS.
             ADVOCATE GENERAL OFFICE KERALA
             ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)




      THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 11.01.2023,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(Crl.) 769 of 2022              2




ALEXANDER THOMAS & MURALI PURUSHOTHAMAN , JJ.
=============================================
             W.P. (Crl) No.769 of 2022
          =========================

                    Dated this the 11th day of January, 2023


                                    JUDGMENT

Alexander Thomas, J.

The prayers in the instant Writ Petition (Crl) seeking for issuance

of habeas corpus and writ of certiorari are as follows:-

"i) To issue a writ in the nature of Habeas Corpus commanding the respondents to produce the 'detenue' by name Sri. Shameer. C., S/o. Hamsa, before this Honourable Court and to set him at liberty.

ii) To issue a writ of certiorari or any other appropriate writ, order or direction quashing Exts.P1 and P2 orders respectively passed by respondents 1 and 2.

iii) Any other reliefs which may be prayed for from time to time."

2. Today, when the matter has been taken up for consideration,

Sri. Sunny Mathew, the learned counsel appearing for the petitioner

would submit on the basis of instructions of the petitioner that the

above captioned Writ Petition (Crl) may be dismissed as infructuous in

view of the subsequent developments.

W.P.(Crl.) 769 of 2022 3

Recording the above submission of the learned counsel for the

petitioner, the above W.P.(Crl) will stand dismissed as infructuous.

Sd/-

ALEXANDER THOMAS JUDGE

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-