Antony Dominic, J. Petitioner is the father of Sri.Anwar, whose wife is the 6th respondent. Sri.Anwar and the 6th respondent were residing in Palakkad and he was conducting a provision store at the Market Road, Palakkad. Going by the averments in the writ petition, since 23/4/2008, his son has vanished and his whereabouts are unknown. Although Crime No.232/2008 of Town Police Station, Palakkad was registered on the basis of a complaint made by the petitioner, that case was referred as undetected.
2. Petitioner has now filed this writ petition alleging that the 6th respondent has now filed M.C.No.24/2008 claiming recovery of money and gold ornaments and that his son is under the wrongful confinement of the 6th respondent.
3. Instructions obtained by the learned Government Pleader show that recently Crime No.444/14 was registered at the Town Police Station, Palakkad on the complaint of the 6th respondent for various offences under the I.P.C., in which the petitioner is the first accused.
W.P.(Crl.) No.214/14
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4. Irrespective of the dispute between the parties, in so far as this writ petition filed with the prayer for the issue of a writ of habeas corpus is concerned, this Court is only concerned with the question whether the petitioner has atleast prima facie established a case of illegal detention of his son. As far as this issue is concerned, apart from making an averment that the detenu is under wrongful confinement of the 6th respondent, there is no disclosure of the basis of such assumption and even the counsel also could not satisfy us that this apprehension of the petitioner has any basis. In such circumstances, we are not in a position to infer that this is a case of his son being illegally detained by his wife in order to justify the entertainment of the writ petition with a prayer for the issue of a writ of habeas corpus.
Writ petition is dismissed.
Rp //True Copy// PA to Judge Sd/-
ANTONY DOMINIC JUDGE Sd/-
ALEXANDER THOMAS JUDGE