Kerala High Court: In a petition seeking a writ of Habeas Corpus directing respondent 1 and 2 to produce the detenue before the Court and to release her from the illegal detention, the Division Bench of P.B. Suresh Kumar and C.S. Sudha JJ., dismissed the petition as there was no illegal detention.
It was alleged in the instant matter that the Petitioner was in a relationship with the alleged detenue for the past five years. He alleged that the detenue’s mother and uncle were against their relationship and were taking hasty steps to conduct the marriage of the detenue with someone against her will. Therefore, he filed the instant writ of habeaus corpus seeking directions for her release from the illegal detention of her mother and uncle.
The Court pointed towards the interaction with the detenue when the Station House Officer in furtherance of order dated 13-06-2023 produced the alleged detenue before the Court and she confessed before the Court she was not in illegal detention of her parents or anyone else and affirmed her parents opposing her relationship with the petitioner.
She had also clarified that though she was in love with the petitioner and willing to marry him, she did not want to go with him but would prefer to go with her mother.
Therefore, the Court dismissed the instant writ petition and held that petitioner was not entitled to reliefs prayed for.
[Mohammed Noufal v. Superintendent of Police, Writ Petition (Criminal) No. 583 of 2023, decided on 16-06-2023]
Judgment by: Justice C.S. Sudha
Advocates who appeared in this case :
For the Petitioners: Advocate CM Mohammed Iquabal, Advocate P. Abdul Nishad, Advocate Raihanath T.H., Advocate Istinaf Abdullah, Advocate Mohammed Ameen, Advocate Keerthi Jayakumar;
For the Respondents: Director General of Prosecution P. Narayanan.
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