High CourtsDivision Bench(2022) 12 KL CK 0084

Lizy S vs Superintendent Of Police, Idukki District, Pin 685601

High Court Of Kerala · Decided on 7 December 2022

HON’BLE JUDGES
Alexander Thomas, J · Sophy Thomas, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition. 1205 Of 2022

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Judgment

13 paragraphs · 457 words

Alexander Thomas, J

1.

The prayers in the afore captioned Writ Petition (Criminal) are as follows:

“

i. Issue a writ of Habeas corpus or any other appropriate writ, order or direction directing respondents 1 to 3 to produce the detenue, Suni Varghese, the 6th respondent herein from the illegal custody of respondents 4 and 5 before this Hon'ble Court and set her at liberty;

ii. Issue a writ of Habeas corpus or any other appropriate writ, order or direction directing the 2nd respondent to dispose of Ext.P1 forthwith;

iii. Grant such other reliefs that this Hon'ble Court deems fit and necessary;

iv. Award costs and

v. Any other relief this Hon'ble Court deems fit.”

2.

Heard Sri.B.Krishna Mani, learned counsel appearing for the petitioner and Sri.E.C.Bineesh, learned Prosecutor appearing for official respondents 1 to 3. In the nature of the order proposed to be passed by this Court in this WP(Crl.), notices to contesting respondents 4 to 6 are dispensed with.

3.

Today when the matter has been taken up for consideration, Sri.B.Krishna Mani, learned counsel appearing for the petitioner would submit on the basis of instructions of his party that in view of the nature of the facts and circumstances of this case, the petitioner would now press only for a order from this Court so that the 2nd respondent (Inspector of Police) will conduct appropriate enquiry on the matters raised in Ext.P-1 petition and after affording reasonable opportunity of being heard to the petitioner and the opposite parties therein (contesting respondents 4 & 5 herein), may thereafter deal with the matters in Ext.P-1 in accordance with law, etc.

4.

Accordingly, taking note of the abovesaid limited plea, it is ordered in the interest of justice that the 2nd respondent (Inspector of Police) will take up for examination the matters raised in Ext.P-1 petition and after conducting appropriate enquiry in that regard and after affording reasonable opportunity of being heard to the petitioner and the opposite parties therein (contesting respondents 4 & 5 herein), will deal with the matter raised therein in accordance with law and inform the parties about the outcome of the process. The entire process in this regard shall be duly completed by R-2 within 2 weeks from the date of production of a copy of this judgment.

5.

The Registry will forward copies of this judgment to R-4 to R-6 at the cost of the petitioner. The Secretary to the office of the Advocate General will ensure that a copy of the memorandum of this WP(Crl.) with all exhibits and a copy of this judgment should be immediately forwarded to R-2 for necessary information and immediate compliance.

With these observations and directions, the above Writ Petition (Criminal) will stand disposed of.