Mohanan, J The petitioner, alleging that his lover namely Shifana is under the illegal custody of the respondent No.3, moved this Court by filing the above Writ Petition under Article 226 of the Constitution of India with a prayer to issue a writ of Habeas Corpus directing the 2nd respondent to produce the body of the detenue Shifana, the daughter of the 3rd respondent, from his illegal custody and to release her.
2. By order dated 7-10-2014, while admitting the above Writ Petition and issuing notice to the 3rd respondent, the 3rd respondent was directed to produce his daughter, the detenue, before this Court on this date and accordingly she is produced today. When the matter is taken up for consideration, the learned counsel for the petitioner submitted that he is not pressing this Writ Petition as the detenue is a minor. But the learned counsel appearing for the 3rd respondent expressed the WP(Crl).410/14-S :2:
apprehension of the 3rd respondent that the petitioner is likely to harass the daughter of the 3rd respondent on her attaining majority and therefore requested this Court to record the stand of the so called detenue and dispose the matter accordingly.
3. During the course of our interaction with the detenue, who is produced before us, she submitted that she is a minor, as her date of birth is 30-3-1997 and she is not under the custody of anybody including the 3rd respondent, her father and the detenue is not interested to go with the petitioner. The above submissions of the detenue are recorded.
Accordingly the above Writ Petition is closed.
Sd/-
(V.K.MOHANAN, JUDGE)
Sd/-
(K.HARILAL, JUDGE)
okb.