Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Kerala
  4. /
  5. 2014
  6. /
  7. January

Nizar

High Court Of Kerala|16 December, 2014
|

JUDGMENT / ORDER

Mohanan, J. It is claimed by the petitioner in the above writ petition that he is the best friend of one Rasana, daughter of the 4th respondent. It is averred in the above writ petition that the said Rasana is mentally and physically tortured by the respondents 4 to 6 and she is being kept illegally and confined by the respondents 4 to 6 against her will. It is also the case of the petitioner that he is a relative of the said Rasana and is very much interested in the welfare of the said lady. According to the petitioner, on an earlier occasion, the petitioner was informed by the said
W.P. (Crl.) No. 496 of 2014 -: 2 :-
Rasana that the respondents 4 to 6 used to conduct witchcraft and black magic on her through some religious leaders and now she is under the illegal confinement and therefore, he filed Ext.P1 petition before the 1st respondent; but no effective action was taken and therefore, he preferred the above writ petition under Art.226 of the Constitution of India praying, inter alia, to issue a writ in the nature of habeas corpus directing the respondents to produce the body of Rasana before this Court.
2. When the above writ petition was admitted and while issuing notice to the contesting respondents, by order dated 9/12/2014, we directed the respondents 1 to 6 to produce the said Rasana before this Court on this date.
3. Thus, when the matter is taken up today, the so-called detenue is produced before us and we have interacted with her. We have also heard the learned counsel for the petitioner and the learned counsel for the respondents 4 to 6. The learned counsel for the
W.P. (Crl.) No. 496 of 2014 -: 3 :-
petitioner, after showing several letters written by the detenue addressing the petitioner, submitted that she is in love with the petitioner; but she is under the control and custody of the respondents 4 to 6. The said submission of the learned counsel is controverted by the learned counsel for the respondents 4 to 6.
4. As far as this proceeding is concerned, the only question to be considered is whether Rasana, the alleged detenue, is under the illegal confinement of anybody, including the respondents 4 to 6? The said detenue Rasana herself submitted before us that she is aged 25 years and she had passed B.A. Sociology during the year 2010. Thus, she was given in marriage during the year 2009; but the same failed and thereafter she was again entered into another marriage on 12/7/2012 which was also resulted in divorce on 7/12/2013. She has also stated that the petitioner is one of her relatives and she had some affection with the petitioner, before three months and as on today, she has absolutely no connection with the
W.P. (Crl.) No. 496 of 2014 -: 4 :-
petitioner. She has also deposed before us that she is not under the illegal confinement or custody of anybody, including the respondents 4 to 6. As we have heard from the mouth of the so-called detenue herself that she is not under the illegal custody of anybody, we find no reason to proceed with this writ petition, especially when no order is warranted.
In the result, this writ petition is closed.
Sd/-
(V.K. MOHANAN, JUDGE) Sd/-
(K. HARILAL, JUDGE) Nan/ //true copy// P.S. to Judge
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Nizar

Court

High Court Of Kerala

JudgmentDate
16 December, 2014
Judges
  • V K Mohanan
  • K Harilal
Advocates
  • Sri