Shyni Binoy vs District Police Chief

A.K.Jayasankaran Nambiar, J.

The petitioner is the mother of the alleged detenue Sneha, who is stated to be a nursing student and who apparently went missing from 1.9.2021. In the writ petition, it is the case of the petitioner that her daughter is under the illegal custody of the 4th respondent, whose son one Shafeek is stated to be in love with the petitioner's daughter.

When the matter came up for admission on 22.9.2021, this Court while directing the Government Pleader to get instructions in the matter, also directed the Station House Officer (2nd respondent) to get a statement of the alleged detenue and further made it clear that the statement shall be obtained by a woman police officer, without the presence of the parents or any family members of the detenue.

When the matter was called up today, a statement of the Inspector of Police, Kalladikkode Police Station is produced, a perusal of which would indicate that the alleged detenue was produced before the Judicial First Class Magistrate Court, Mannarakkad, where she deposed that she had gone to the house of Shafeek along with his brother Sadique and sister Shamili and that she had gone to the said Shafeek's family of her own free will and that no one has hurt her either physically or mentally. She also stated that the said Shafeek, who was abroad, had returned home on 16.9.2021 and presently they are living in Shafeek's house at Kongad, with his father Hassanar and mother Subaida.

Taking note of the said statement given by the petitioner's daughter Sneha before the Magistrate and also taking note of the fact that the statement was given in the presence of a Woman Constable and further that the said Sneha is 19 years of age and therefore capable of taking her own decisions, this writ petition is closed on the basis of the statement given by the alleged detenue before the Magistrate.