George Varghese vs The Sub Inspector of Police Ramamangalam Police Station and Gregory Varghese

Pius C. Kuriakose, J.—This writ petition under Article 226 has been filed by the petitioner, the father of Jeeva George a major unmarried girl, seeking a writ of habeas corpus for production of the body of Jeeva George in this court liberating Jeeva George from the illegal detention of the 2nd respondent Gregory. It is stated in the writ petition that Sri. Gregory is already married and has two children from his wife. On considering this writ petition for admission, we directed the learned Government Pleader, who took notice on behalf of the first respondent, to seek instructions from the first respondent as to the correctness of the allegations in the writ petition and also as to what is the status of the investigation initiated on the basis of the person missing complaint submitted by the petitioner. We issued notice on admission by special messenger to the 2nd respondent and rule nisi was also issued directing him to produce Jeeva George and to show cause why the order should not be made absolute. As the 2nd respondent was not available in his house, notice could not be served on him but on his behalf his mother accepted the notice.

Today, Sri. N. Suresh learned Government Pleader submitted that the first respondent was able to trace out Jeeva George. Jeeva George was produced before the Judicial First Class Magistrate, Kolencherry. She told the learned Magistrate that she is not under anybody''s illegal detention and that she is an absolutely free person. She requested the Magistrate that she be set free. The learned Magistrate on being convinced that she is not illegally detained by anybody and that she left her house on her own, allowed her to go on her own. According to the Government Pleader information regarding the production of Jeeva George before the Magistrate was given to the writ petitioner. The petitioner, however appeared before the police station and stated before the head constable in charge of the GD that he does not want to accompany his daughter to the Magistrate''s Court and that it would suffice if he is able to see and talk to his daughter when she is produced before the High Court pursuant to the orders passed in the present writ petition.

We interacted with Sri. George Varghese the writ petitioner in detail. He admitted before us that he is aware of the production of his daughter Jeeva George before the Judicial First Class Magistrate by the first respondent and that he expressed his unwillingness to meet his daughter in the police station or in the Magistrate Court. He also stated that his statement was correctly recorded by the head constable in charge of the GD. He admitted that he told us that his daughter is 31 years old and that she is obstinate that she will go with the 2nd respondent only. He conceded practically that no useful purpose from his point of view will be served by insisting of production of Jeeva George before this court especially as Jeeva George is on the family way from Gregory the 2nd respondent. The only question, which we are called upon to decide in this writ petition, is whether Jeeva George daughter of the petitioner is under the illegal detention of the 2nd respondent as alleged by the petitioner in the writ petition. The above question is inevitably to be answered in the negative. We do so. The writ petition is dismissed.