High CourtsDivision Bench

Ganeshan vs State Of Kerala

High Court Of Kerala · Decided on 25 October 2022 · Citation: (2022) 10 KL CK 0242

HON’BLE JUDGES
Alexander Thomas, J · Sophy Thomas, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Crl.) No.532 Of 2022
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Judgment

8 paragraphs · 275 words

Alexander Thomas, J.

1.

The prayers in the aforecaptioned Writ Petition (Crl.) are as follows:

“ (i) Issue a writ of Habeas Corpus commanding the respondents to produce the body of the detenue, Vishnupriya N before this Hon'ble court and set her at liberty forthwith.

(ii) Declare that the detention of the detenue is illegal and violative of the fundamental rights.”

2.

Heard Sri.P.S.Anishad, learned counsel appearing for the petitioner and Sri.E.C.Bineesh, learned Public Prosecutor appearing for official respondents 1 & 2. In the nature of the orders proposed to be passed by this Court in this case, notice to contesting respondent No.3 will stand dispensed with.

3.

Today, when the matter has been taken up for consideration, Sri.E.C.Bineesh, learned Prosecutor appearing for official respondents 1 & 2 as well as Sri.P.S.Anishad, learned counsel appearing for the petitioner, would submit, on the basis of instructions of their respective parties, that, later, the police has traced out the alleged detenue (Ms.N.Vishnupriya), daughter of the petitioner and she was produced before the jurisdictional Magistrate's Court concerned, as part of the conclusion of the investigation in the crime registered for the “person missing” case registered under Sec.57 of the Kerala Police Act, 2011, (Crime No.149/2022 of Atholy Police Station, Kozhikode District) and after recording the statement of the alleged detenue, the learned Magistrate has set her at liberty. Further, it appears that the alleged detenue has completed the majority age of 18 years on 01.10.2022, going by the entries in Ext.P-1 Birth Certificate.

No further orders and directions are called for.

Recording the abovesaid submissions of both sides, the above Writ Petition (Crl.) will stand finally disposed of.