Xxxxxx vs State Of Kerala
2024 Latest Caselaw 9981 Ker

Kerala High Court

Xxxxxx vs State Of Kerala on 5 April, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR. JUSTICE T.R.RAVI
 FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
                WP(C) NO. 13409 OF 2024
    CRIME NO.140/2024 OF RAMAMANGALM POLICE STATION,
                       ERNAKULAM
PETITIONER:

         XXXXXXXXXX
         XXXXXXXXXX XXXXXXXXXX

         BY ADVS.
              BASIL CHANDY VAVACHAN
              CHARUTHA BHAIJU
              CHANDHANA BHAIJU
              BASIL SAJAN
              FATHIM NAVAS
              KAVYA P.R.
              BASIL SCARIA
              LEKSHMI PRIYA V.

RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY THE PRINCIPAL SECRETARY TO
         GOVERNMENT, DEPARTMENT HOME AFFAIRS,
         GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
         PIN - 695 001.

    2    DISTRICT POLICE CHIEF
         ERNAKULAM (RURAL), DISTRICT POLICE OFFICE
         ERNAKULAM (RURAL), ALUVA, PIN - 683 101.

    3    STATION HOUSE OFFICER
         RAMAMANGALAM POLICE STATION, ERNAKULAM RURAL,
         PIN - 686 663.
 W.P.(C) No.13409 of 2024
                                    :2:


     4          INVESTIGATION OFFICER
                CRIME NO. 140/2024 OF RAMAMANGALAM POLICE
                STATION, RAMAMANGALAM POLICE STATION,
                ERNAKULAM RURAL, PIN - 686 663.

     5          JINSON PM
                SENIOR CIVIL POLICE OFFICER, RAMAMANGALAM
                POLICE STATION, ERNAKULAM RURAL,
                PIN - 686 663.

     6          DEPARTMENT HEAD
                DEPARTMENT OF GYNECOLOGY, GOVERNMENT GENERAL
                HOSPITAL, MUVATUPUZHA, PIN - 686 661.

     7          NURSING SUPERINTEND
                DEPARTMENT OF GYNECOLOGY, GOVERNMENT GENERAL
                HOSPITAL, MUVATUPUZHA, PIN - 686 661.

                BY ADV
                     VIDYA KURIAKOSE, GOVERNMENT PLEADER


         THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION        ON   05.04.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.13409 of 2024
                                  :3:



                            JUDGMENT

Dated this the 5th day of April, 2024

When the case is taken up, the Government Pleader

placed before the Court a copy of the notice issued by the

Special Court seeking the willingness of taking blood sample of

the new born baby, as part of consideration of Crime

No.140/2024 of Ramamangalam Police Station.

2. The Counsel for the petitioner submits they have

appeared through the Counsel before the concerned authority

and submitted that they are not willing.

In view of the above facts, I do not think there is any

requirement for continuing with this writ petition. The writ

petition is closed, without prejudice to the rights of the

petitioner.

Sd/-

T.R RAVI JUDGE AMR

APPENDIX OF WP(C) 13409/2024

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF FIR IN CRIME NO.140/2024 OF RAMAMANGALAM POLICE STATION DATED 23.02.2024.

Exhibit P2 THE TRUE COPY OF THE AFFIDAVIT DATED 06.03.2024 EXECUTED BY THE FATHER OF THE PETITIONER IN CONNECTION WITH THE BAIL APPLICATION PREFERRED BY PETITIONER'S HUSBAND STATING THAT HE IS NOT HAVING ANY CASE AGAINST THE PETITIONER'S HUSBAND.