Kerala High Court
WP(Crl.)/1301/2022 of KARTHIK KISHOR Vs STATE OF KERALA on 30 December 2022
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN & THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN FRIDAY, THE 30TH DAY OF DECEMBER 2022/9TH POUSHA, 1944 WP(CRL.)NO.1301 OF 2022 PETITIONER :- KARTHIK KISHOR, AGED 19 YEARS S/O.KISHOR, VENNAMPILLY HOUSE, CHENDAMANGALAM
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRANFRIDAY, THE 30[TH] DAY OF DECEMBER 2022/9TH POUSHA, 1944WP(CRL.)NO.1301 OF 2022
-PETITIONER :
KARTHIK KISHOR, AGED 19 YEARSS/O.KISHOR, VENNAMPILLY HOUSE, CHENDAMANGALAM (PO), KARIMPADAM, N.PARAVUR, ERNAKULAM DISTRICT, PIN – 683 512
BY ADVS.P.S.ANISHADK.R.ARUN KRISHNANLIMNA BHASKARAN
-RESPONDENTS :
1STATE OF KERALA REPRESENTED BY CHIEF SECRETARY,GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 0012THE DIRECTOR GENERAL OF POLICEPOLICE HEAD QUARTERS,THIRUVANANTHAPURAM, PIN – 695 010.3THE STATION HOUSE OFFICERWOMEN CELL, ERNAKULAM RURAL,ALUVA, ERNAKULAM DISTRICT, PIN – 683 101.4NAVASAGE AND S/O.NOT KNOWN TO THE PETITONER,POONKUZHIPPARAMBU HOUSE, MANNAM P.O, MANJALI, ERNAKULAM DISTRICT, PIN – 683 520BY ADV.C.S.SHEEJA, SR.GP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FORADMISSION ON 30.12.2022, THE COURT ON THE SAME DAY DELIVEREDTHE FOLLOWING:
-: 2 :-
ANU SIVARAMAN, J. & C. JAYACHANDRAN, J.
----------------------------------------------------------------------------- W.P.(Crl.) No.1301 of 2022
--------------------------------------------------------------- Dated this the 30[th] day of December, 2022
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JUDGMENT
Anu Sivaraman, J.
This Writ Petition (Criminal) is filed on the groundthat the detenue is under the illegal detention of the 4[th]respondent, who is the father.
2. It is contended that the petitioner and the allegeddetenue, who is a fashion designer student, are both majorand had decided to live together as husband and wife. It isfurther stated that she had come from her house andaccompanied the petitioner. A petition was preferred bythe 4[th] respondent, who is the father of the detenue, beforethe Station House Officer, that is, the 3[rd] respondent. The3[rd] respondent summoned the parents of the petitioner, thealleged detenue and the petitioner and she had expressedher desire to go with the petitioner. It is stated that on20.11.2021, after recording the undertaking of the father WP(CRL.)NO.1301 OF 2022
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of the petitioner that he will take care of the detenue in hishouse, she was sent along with the petitioner and wasresiding with the petitioner under the care of his father.However, on 5.12.2022, the parents of the alleged detenuehave come to the house of the petitioner and had taken herback to their residence at Manjali in Ernakulam District onthe pretext that her grand mother is unwell. It is statedthat thereafter, the 4[th] respondent and his wife had notpermitted the petitioner to contact the girl and that thepetitioner is under the apprehension that the education ofthe alleged detenue is in peril and she will not bepermitted to attend college.
3. The girl was produced before us by thejurisdictional police and we interacted with her. Shespecifically states that she is not under any illegaldetention by her parents and that the parents haveassured her that she will be permitted to continue hereducation and that after she acquires a properemployment, her future will also be duly decided taking -: 4 :- her interest into consideration. She has specificallyexpressed her desire not to accompany the petitioner butto go back with her parents. She insists that there is noillegal detention.
In the above view of the matter, this writ petitionis closed recording that the girl is not under illegaldetention.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/30.12.2022
Sd/-
C. JAYACHANDRAN
JUDGE
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APPENDIX OF WP(CRL.) 1301/2022
PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF THE AADHAR CARD OF THE DETINUE.Exhibit P2A TRUE COPY OF THE ACKNOWLEDGE RECEIPT ISSUED BYTHE 3RD RESPONDENT, DATED 24/12/2022.