Sreejith vs Superintendent Of Police
2024 Latest Caselaw 5999 Ker

Kerala High Court

Sreejith vs Superintendent Of Police on 23 February, 2024

Author: Anu Sivaraman

Bench: Anu Sivaraman

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
                                    &
               THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
     FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                         WP(CRL.) NO. 77 OF 2024
PETITIONER:

              SREEJITH
              AGED 30 YEARS
              S/O OMANAKKUTTAN, RESIDING AT MULAVELIKUZHIYIL HOUSE,
              KANJEETTUKARA PO, AYROOR VILLAGE, RANNI TALUK,
              PATHANAMTHITTA DISTRICT, PIN - 689611

              ANANDHU SATHEESH
              V.G.SURESH
              SREEDEVI S.
              DRISYA DILEEP


RESPONDENTS:

     1        SUPERINTENDENT OF POLICE
              PATHANAMTHITTA, PIN - 689645

     2        THE STATION HOUSE OFFICER
              KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT - 689645

     3        PRASAD @ SAHADEVAN
              AGED 50 YEARS
              S/O DAMODARAN, CHARIVUKALAYIL HOUSE, AYROOR PO, AYROOR
              VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT - 689611

     4        RAJANI
              W/O PRASAD, CHARIVUKALAYIL HOUSE, AYROOR PO, AYROOR
              VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT, PIN-689611

              SRI.SAIGI JACOB PALATTY-SR.GP


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO.77 OF 2024

                                      2




                                JUDGMENT

Dated this the 23rd day of February, 2024

Anu Sivaraman, J.

Heard the learned counsel for the petitioner.

2. The allegation in this writ petition (criminal) was that the detenue

was under the illegal detention of respondents 3 and 4. The Station

House Officer, Koipuram Police Station had placed a report on record

stating that the parties were summoned to the Police Station on

01.12.2023 and that the alleged detenue had clearly expressed her wish to

go along with respondents 3 and 4 and that she was permitted to go along

with the said respondents by the Police.

3. Nothing is stated in the writ petition as to these aspects of the

matter. Further, there is absolutely nothing to show from the pleadings in

the writ petition (criminal) that the detenue was being kept under illegal

detention by respondents 3 and 4 or that she had informed the petitioner

on any date after 01.12.2023 that her stay with respondents 3 and 4 was WP(CRL.) NO.77 OF 2024

against her wishes.

In the above view of the matter, this writ petition (criminal) is not

maintainable. The same is, accordingly, closed. In case the petitioner is

able to prove the illegal detention, it will be open to him to approach this

Court with proper pleadings and materials on record.

Sd/-

ANU SIVARAMAN JUDGE

Sd/-

C. PRATHEEP KUMAR JUDGE NP WP(CRL.) NO.77 OF 2024

APPENDIX OF WP(CRL.) 77/2024

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE POLICE COMPLAINT DATED 19/12/2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

RESPONDENTS' EXHIBITS: NIL