Ajumal Hussain vs Station House Officer
2024 Latest Caselaw 11125 Ker

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

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

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