Kerala High Court
Smitha Kallattu Ashraf vs Union Of India on 4 June, 2024
Author: Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(CRL.) NO. 122 OF 2024
PETITIONER:
SMITHA KALLATTU ASHRAF
AGED 44 YEARS
DAUGHTER OF ASHRAF , RESIDING AT 20/242(34) BAVAS
APARTMENT, ANJELIATEPARAMBIL, SDPY ROAD, PALLURUTHY,
ERNAKULAM, PIN - 682006
BY ADVS.
V.P.SATHI
O.H.NAZEEBA
SAJEN THAMPAN
RESPONDENT:
1 UNION OF INDIA
REPRESENTED BY THE FOREIGN SECRETARY, MINISTRY OF
EXTERNAL AFFAIRS, SOUTH BLOCK, NIRMAN BHAWAN, CHANAKYA
PURI, NEW DELHI, PIN - 110011
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
3 THE DIRECTOR GENERAL OF POLICE
STATE POLICE HEADQUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM,, PIN - 695010
4 MINAJ MUHAMMED, AGED 44 YEARS, SON OF K. V. MOHAMMED,
RESIDING AT FLAT NO.: 204, FLOOR NUMBER 2, AL BAYAAN
BUILDING, A BLOCK, MALEHA ROAD, MUWEILAH INDUSTRIAL
AREA 17-0 SHARJAH, UAE, PIN - 500001
5 ZAINABA MOHAMMED, AGED 66 YEARS, WIFE OF MOHAMMED,
RESIDING AT FLAT NO.: 204, FLOOR NUMBER 2, AL BAYAAN
BUILDING, A BLOCK, MALEHA ROAD, MUWEILAH INDUSTRIAL
AREA 17-0 SHARJAH, UAE, PIN - 500001
ADDL.6 CONSULATE GENERAL OF INDIA
AL HAMRIYA, DIPLOMATIC ENCLAVE, P.O. BOX 737, DUBAI,
UNITED ARAB EMIRATES IS IMPLEADED AS PER ORDER DATED
2
WP(Crl.) No.122/2024
12/02/2024 IN I.A 1/2024 IN WP(CRL.).
BY ADVS.
K.I.SAGEER
DIRECTOR GENERAL OF PROSECUTION(AG-10)
P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC PROSECUTOR()
SHRI.SAJJU.S., SENIOR G.P.()
SUJITH THANNICKAL SASEENDRAN(K/69/2024)
SRI P M SHAMEER, GP.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 04.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
WP(Crl.) No.122/2024
JUDGMENT
Raja Vijayaraghavan, J.
This writ petition is filed seeking the following reliefs:
"(i) Issue a writ of Habeas Corpus directing the
respondents to produce the body of detenue, named Fathima
Mehreen, aged 14 years before this Hon'ble Court and set her at
liberty
(ii) Issue an appropriate writ, order or directions
whereby directing the respondents 1 to 3 to take appropriate steps
to ensure personal safety and protection of the detenue against the
illegal acts of respondents 4 and 5 in the interest of justice;
(iii) Grant such other reliefs as this Hon'ble Court may
deem fit and proper in the circumstances of the case."
2. By virtue of the interim orders passed by this Court, the
custody of the child has been handed over to the mother.
3. The learned counsel appearing for the petitioner submitted
that certain gold ornaments, certain articles and a mobile phone are with
the respondent. The learned counsel appearing for the respondent
submitted that the entire articles in his possession have been handed
over.
4. We find that in view of the grant of custody of the child to
the mother, the prayer sought for in this writ petition has become
infructuous. If the parties have any subsisting grievance, they may seek
remedies before the appropriate forum.
The writ petition is closed.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
P.M.MANOJ
JUDGE
ncd
APPENDIX OF WP(CRL.) 122/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT MADE BEFORE THE
MAJOR, MALEHA ST - INDUSTRIAL AREA POLICE
STATION DATED 07.02.2024
Exhibit P2 TRUE COPY OF THE E-MAIL SENT BY THE DETENUE
TO THE ADDL. 6TH RESPONDENT DATED 24.02.2024
