Muhammed Shraf Vs. Thankachan, - Court Judgment

Excerpt:
- order1. the petitioner has come to this court with this petition for issue of a writ of habeas corpus to search for, trace and produce twinkle, an adult major woman (born on 31.10.1989). according to the petitioner, he is in love with the said twinkle. she is the daughter of respondent nos. 1 and 2. they had taken photographs together. they had exchanged letters. respondent nos. 1 and 2, who did not approve of the relationship between the petitioner and the alleged detenue, are illegally detaining the alleged detenue. in these circumstances, the petitioner prayed that the detenue may be brought to court and released from the detention/confinement of her parents.2. the petition was admitted and notice was ordered on 13.05.2010. today when the case is called, the petitioner and his counsel are present. respondent nos. 1 and 2 and their counsel are present. the alleged detenue has come to court along with respondent nos. 1 and 2, her parents. the alleged detenue stated before us in court that she is not under any illegal confinement or detention. however, as she comes from the custody of respondent nos. 1 and 2, we permitted her to remain alone in the chamber till we met her again after lunch recess at 1.45 p.m.3. we interacted with the alleged detenue alone initially and later in the presence of the petitioner. subsequently we interacted with them in the presence of respondent nos. 1 and 2. the respective counsel and the learned government pleader were also present.4. the alleged detenue stated before us categorically that she is not under any illegal confinement or detention. she did not dispute the fact that she knew the petitioner and had friendly relationship with him. however, she asserted that she was not in confinement or detention. according to her she does not want to continue the relationship with the petitioner. asked specifically whether she would like to return from the court along with the petitioner or with respondent nos. 1 and 2, she asserted that she may be permitted to return along with respondent nos. 1 and 2.5. we are happy to note that after our interaction with the petitioner, the petitioner also accepted the decision of the alleged detenue. the petitioner in response to our request further submitted that he shall return to the counsel for respondent nos. 1 and 2 through his counsel some more photographs and letters which he has with him. he also agreed to delete the impression which are available in the camera and undertake that he shall not misuse any of those photographs.6. we are, in these circumstances, satisfied that no further directions are necessary in this writ petition. we accept the submission of the petitioner that he shall return to the alleged detenue all the photographs and letters which he has with him through respective counsel and shall also delete the impressions which are available in his camera. we accept his undertaking that he shall not misuse those photographs/impressions or give them to anyone else. we permit the alleged detenue to return from court along with respondent nos. 1 and 2 as desired by her.7. this writ petition is, in these circumstances, dismissed.

Judgment:
ORDER

1. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce Twinkle, an adult major woman (born on 31.10.1989). According to the petitioner, he is in love with the said Twinkle. She is the daughter of respondent Nos. 1 and 2. They had taken photographs together. They had exchanged letters. Respondent Nos. 1 and 2, who did not approve of the relationship between the petitioner and the alleged detenue, are illegally detaining the alleged detenue. In these circumstances, the petitioner prayed that the detenue may be brought to Court and released from the detention/confinement of her parents.

2. The petition was admitted and notice was ordered on 13.05.2010. Today when the case is called, the petitioner and his Counsel are present. Respondent Nos. 1 and 2 and their Counsel are present. The alleged detenue has come to Court along with respondent Nos. 1 and 2, her parents. The alleged detenue stated before us in Court that she is not under any illegal confinement or detention. However, as she comes from the custody of respondent Nos. 1 and 2, we permitted her to remain alone in the Chamber till we met her again after lunch recess at 1.45 p.m.

3. We interacted with the alleged detenue alone initially and later in the presence of the petitioner. Subsequently we interacted with them in the presence of respondent Nos. 1 and 2. The respective Counsel and the learned Government Pleader were also present.

4. The alleged detenue stated before us categorically that she is not under any illegal confinement or detention. She did not dispute the fact that she knew the petitioner and had friendly relationship with him. However, she asserted that she was not in confinement or detention. According to her she does not want to continue the relationship with the petitioner. Asked specifically whether she would like to return from the Court along with the petitioner or with respondent Nos. 1 and 2, she asserted that she may be permitted to return along with respondent Nos. 1 and 2.

5. We are happy to note that after our interaction with the petitioner, the petitioner also accepted the decision of the alleged detenue. The petitioner in response to our request further submitted that he shall return to the Counsel for respondent Nos. 1 and 2 through his Counsel some more photographs and letters which he has with him. He also agreed to delete the impression which are available in the camera and undertake that he shall not misuse any of those photographs.

6. We are, in these circumstances, satisfied that no further directions are necessary in this Writ Petition. We accept the submission of the petitioner that he shall return to the alleged detenue all the photographs and letters which he has with him through respective Counsel and shall also delete the impressions which are available in his camera. We accept his undertaking that he shall not misuse those photographs/impressions or give them to anyone else. We permit the alleged detenue to return from Court along with respondent Nos. 1 and 2 as desired by her.

7. This Writ Petition is, in these circumstances, dismissed.