ANEESH.P v. STATE OF KERALA
Case at a glance
Outcome
Disposed of
In the result, the Writ Petition is disposed of, as follows
Provisions considered
- Constitution of India art. 226
- Kerala Police Act, 2011 ss. 57, 57(5)
- Kerala Police Act s. 57(5)
Key paragraphs
- Para 55. As far as the present case is concerned, it appears that the above requirements of Section 57 of the Kerala Police Act, 2011, are not complied by respondents 2 and 3. Therefore, it is highly necessary to direct respondents 2 and 3 to take…
Judgment
SRI SAIGI JACOB PALATTY - GOVERNMENT PLEADER THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 29.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(Crl.)No.97 of 2024 G. Girish, J 3 JUDGMENT Aggrieved by the missing of his wife from 19.01.2024 onwards, the petitioner has filed this habeas corpus petition under Article 226 of the Constitution of India, for a direction to the 2nd respondent (Inspector of Police, Payyannur) and the 3rd respondent (Sub- Inspector of Police, Payyannur) for the production of the detenue before this Court, and for further orders on this matter.
According to the petitioner, his wife did not return home after she left the house in the morning of 19.01.2024 for leaving their elder child to school. He lodged Ext.P4 complaint before the 3rd respondent on the same day. By 8:00 p.m. on the same day, the 3rd respondent is said to have informed the petitioner that the detenue is with another man, and that the Police have nothing to do with this matter, since she is a major. It is also stated that the 3rd respondent did not care to produce the detenue before the Magistrate concerned to have appropriate orders passed in the matter of her release or proper custody.
Today, when the matter was taken up for consideration, the learned Government Pleader submitted that the detenue had eloped with another person, and that the statement of the detenue, recorded by the Police, would reveal that she had voluntarily gone W.P(Crl.)No.97 of 2024 4 along with the said person, and there is no allegation of the commission of any crime in this matter.
As per Section 57(5) of the Kerala Police Act, 2011 the missing person if found on enquiry shall forthwith be handed over to the responsible guardian or produced before the Magistrate having jurisdiction. Sub-Section (6) of Section 57 requires the Magistrate concerned to take such steps as are needed to safeguard the privacy and interest of the detenue, if she is a woman or a child.
Operative part
As far as the present case is concerned, it appears that the above requirements of Section 57 of the Kerala Police Act, 2011, are not complied by respondents 2 and 3. Therefore, it is highly necessary to direct respondents 2 and 3 to take appropriate steps in compliance with Section 57(5) of the Kerala Police Act in this case, relating to the missing of a married woman. In the result, the Writ Petition is disposed of, as follows; (i) (ii) Respondents 2 and 3 are hereby directed to produce the detenue before the Magistrate concerned (if she is not already produced), and to get appropriate orders on the matter of her release or proper custody. The learned Magistrate before whom the detenue is produced shall consider all the facts and circumstances of the case as borne out of the records, and pass W.P(Crl.)No.97 of 2024 5 appropriate orders concerning the release or proper custody of the detenue. Sd/- ANIL K. NARENDRAN, JUDGE G. GIRISH, JUDGE Sd/- W.P(Crl.)No.97 of 2024 6 APPENDIX OF WP(CRL.) 97/2024 PETITIONER’S EXHIBITS EXHIBIT -P1 EXHIBIT -P2 EXHIBIT -P3 EXHIBIT-P4 EXHIBIT -P4(A) TRUE COPY OF MARRIAGE CERTIFICATE DATED 1-1-2016 ISSUED BY LOCAL REGISTRAR, CHERUTHAZHAM GRAMA PANCHAYAT TRUE COPY OF BIRTH CERTIFICATE OF THE ELDER CHILD NIYA ANEESH DATED 3-11-2020 ISSUED BY PAYYANNUR MUNICIPALITY TRUE COPY OF BIRTH CERTIFICATE OF THE DATED SECOND NAINIKA 25-11-2016 PAYYANNUR MUNICIPALITY ISSUED ANEESH CHILD BY TRUE COPY OF COMPLAINT DATED 19-1-2024 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT COPY TRUE DATED 19-01-2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER ACKNOWLEDGMENT OF
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the result, the Writ Petition is disposed of, as follows
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Kerala Police Act, 2011 — ss. 57, 57(5); Kerala Police Act — s. 57(5).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.