Kerala High Court
Mohammed Jouhar vs The District Police Chief on 13 September, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
2024:KER:69955
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA,
1946
WP(CRL.) NO. 952 OF 2024
PETITIONER:
MOHAMMED JOUHAR, AGED 27 YEARS,
S/O ISMAIL, PANAMBILAKKAL (H), THARAYIL,
THENNALA P.O, MALAPPURAM, PIN - 676508.
BY ADVS.
K.ANAND
AMEER SALIM
NESILI NAZEER
POOJA LAKSHMI K DILEEP
NANDHANA T.B.
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF
OFFICE OF THE COMMISSIONER OF POLICE,
MALAPPURAM, KERALA, PIN - 676505.
2 THE STATION HOUSE OFFICER
TIRURANGADI POLICE STATION, CHEMMAD,
TIRURANGADI, PIN - 676306.
3 MANOJ K P, AGED 50 YEARS
KANNAMPARAMBATH (H), ALUNGAL,
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WP(CRL.) NO. 952 OF 2024
-2-
THENNALA P.O, MALAPPURAM, PIN - 676508.
4 SMITHA, AGED 47 YEARS,
W/O MANOJ K P, KANNAMPARAMBATH (H),
ALUNGAL, THENNALA P.O,
MALAPPURAM, PIN - 676508.
SRI P M SHAMEER-GP;
SMT G.VIDYA
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 13.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(CRL.) NO. 952 OF 2024
-3-
JUDGMENT
Devan Ramachandran, J.
The petitioner alleges that the alleged
detenue is under illegal detention of her
parents - namely 3 and 4, because they are
not in approval of his relationship with her.
2. The alleged detenue was produced
before us today, by respondents 3 and 4. When
we interacted with her, she made it
unequivocally clear that she is not under
detention; and that she is living with her
parents with full volition. She, however,
conceded that she had an earlier friendship
with the petitioner, which she does not want
to continue any further; and added that her
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WP(CRL.) NO. 952 OF 2024
intention is to continue her life in a worthy
manner.
3. We, thereupon, asked the
petitioner as to why he filed this Writ
Petition; and he explained that his intention
was only to find what the alleged detenue
wanted. He added that, if the alleged detenue
does not want to continue the relationship
with him, he is good with that; and he
undertook that he will not pursue her, or her
family, in any manner, or cause them any
prejudice or inconvenience.
4. We thus talked to the parents of
the alleged detenue, who also affirmed that
they will not blame her for the decisions she
has taken in the past; but that they have a
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concern that she will still be harassed by
the petitioner, particularly because they
have two other children who are also not
married yet.
Taking note of the afore submissions,
we dismiss this Writ Petition, finding that
the alleged detenue to be not under
detention; with a consequential direction to
the petitioner to abide by her wishes and not
to cause her any prejudice or harassment in
future.
Should the party respondents, or the
alleged detenue, find any cause against the
petitioner in future, they are left full
liberty to approach the jurisdictional Police
Officers appositely; in which event,
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WP(CRL.) NO. 952 OF 2024
necessary action will be taken swiftly and
quickly, without any avoidable delay.
To protect privacy, we direct the
Registry to anonymize the names of the
alleged detenue and respondents 3 and 4 in
all records.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
akv JUDGE
