IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH WEDNESDAY, THE 16TH DAY OF JANUARY 2013 26TH POUSHA 193 WP(Crl.).No. 22 of 2013 (S) --------------------------- PETITIONER(S): --------------- NAJMUNNISSA P.A. AGED 2 YEARS D/O. ABOOBACKER,NASEEMA HOUSE,PALLIKKAL PANATHOOR.P.O.,RAJAPURAM VIA,HOSDURG TALUK KASARAGOD DISTRICT. BY ADV. SRI.A.ARUNKUMAR RESPONDENT(S): ---------------- 1. SUPERINTENDENT OF POLICE, KASARAGOD DISTRICT HEAD QUARTERS,KASARAGOD-671121.
2. CIRCLE INSPECTOR OF POLICE KUMBALA POLICE STATION,KASARAGOD-671121.
3. CIRCLE INSPECTOR OF POLICE ADHUR POLICE STATION,KASARAGOD DISTRICT-671319.
4. KAPOOR ABDUL SAYID, S/O. ABDULLA,PALLATHARA KOTTIYADI.P.O.,DELAMPADI KASARGOD (WITHN THE LIMITS OF ADHUR POLICE STATION) NOW RESIDING AT KAYYANKOODAL HOUSE KATTATHADUKKA,NEAR PUTHIGE PANCHAYATH,PUTHIGE KASARAGOD. (WITHIN THE LIMITS OF KUMBALA POLICE STATION) PIN- 671321.
5. SALEEKHA,, AGED 3 YEARS W/O. KAPOOR ABDUL SAYID,PALLATHARA, KOTTIYADI.P.O. DELAMPADI KASARGOD (WITHN THE LIMITS OF ADHUR POLICE STATION) NOW RESIDING AT KAYYANKOODAL HOUSE KATTATHADUKKA,NEAR PUTHIGE PANCHAYATH,PUTHIGE KASARAGOD. (WITHN THE LIMITS OF KUMBALA POLICE STATION) PIN- 671321. R BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 16-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL.) 22/2013 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 A TRUE COPY OF THE ORDER DATED 26 8-2011 IN C.M.P. NO. 6923 OF 201.OF JUDICIAL FIRST CLASS MAGISTRATE-I, HOSDURG. EXT.P2 A TRUE COPY OF THE ORDER DATED 1 10-2011 IN C.M.P. NO. 6923 OF 201.OF JUDICIAL FIRST CLASS MAGISTRATE-I, HOSDURG. EXT.P3 A TRUE COPY OF THE ORDER DATED 9 4-2012 IN M.C. NO. 484 OF 201.BY JUDICIAL FIRST CLASS MAGISTRATE-I, HOSDURG. RESPONDENTS' EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & BABU MATHEW P.JOSEPH JJ.
------------------------ W.P.(Crl.) . NO. 22 OF 201.------------------------ Dated this the 16th day of January, 2013 JUDGMENT Pius C.Kuriakose,J We are not inclined to entertain this writ petition wherein the petitioner, the mother of a minor girl by name Jumaila seeks a writ of Habeas Corpus for the production of body of Jumaila on the allegation that Jumaila is presently under the illegal custody of respondents 4 and 5. The 4th respondent is none other than the father of Jumaila. The 5th respondent is said to be the second wife of the 4th respondent. The petitioner has already approached the Judicial First Class Magistrate Court, Hosdurg invoking the provisions of the Protection of Women from Domestic Violence Act and the Code of Criminal Procedure for various reliefs. Ext.P1 order has already been passed by the learned Magistrate and direction No. (v) given under Ext.P1 is a direction to the first respondent therein(4th respondent herein) to produce the child before that court. The submissions of the W.P.(Crl.)No.22 /2013 2 learned counsel for the petitioner is that, direction No. (v) in Ext.P1 order has not been obeyed by the 4th respondent. If that direction is not being obeyed, it is for the petitioner to move the learned Magistrate and to see that the direction No. (v) in Ext.P1 is implemented by issuance of coercive process by the Magistrate against the 4th respondent. Ideally, the petitioner should move the competent court under the provisions of the Guardians and Wards Act for getting the custody of the child. Relegating the petitioner to move the Family Court or to have coercive process issued by the Judicial First Class Magistrate Court, which is presently in seizin of M.C. No.484/2011 for compelling the production of the daughter, we decline relief sought for in this writ petition. Sd/- PIUS C.KURIAKOSE, JUDGE Sd/- BABU MATHEW P.JOSEPH, JUDGE. dpk /True copy/ P.A to Judge. W.P.(Crl.)No.22 /2013 3 W.P.(Crl.)No.22 /2013 4 PIUS C.KURIAKOSE & BABU MATHEW P.JOSEPH JJ.
------------------------ W.P.(Crl.) . NO. OF 201.------------------------ Dated this the 16th day of January, 2013 JUDGMENT Pius C.Kuriakose,J aaaa PIUS C.KURIAKOSE, JUDGE BABU MATHEW P.JOSEPH, JUDGE. dpk W.P.(Crl.)No.22 /2013 5