PRADEEPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed under S.482 of the Code of Criminal Procedure, 1973 (for short the 'Code') to quash the order passed by the Judicial Magistrate of the Second Class, Ernakulam in Crl M. P. No. 850 of 1981 in connection with Crime No. 418 of 1981 of the Central Police Station, Ernakulam.

(2.) A lady by name Razia Beegum, aged about 22 years, was employed in the I. T. I. Kalamassery and was staying in the hostel attached to that institution. It appears that on 15-5-1981 she and the petitioner herein entered into an agreement of marriage duly registered in the concerned Sub Registrar's Office. The second respondent herein, who is the father of the lady, filed a complaint before the Central Police Station, Ernakulam, complaining that the lady is missing. He also appears to have told the police about the information gathered by him on enquiries. He had certain suspicion. On receiving the complaint, a case was registered as Crime No. 418 of 1981 as "girl missing". The same day reportedly on the order of the Assistant Commissioner of Police, Law and Order, Ernakulam, the SI of Police attached to the Central Police Station, Ernakulam, accompanied by a party of men and women constables, took away the lady from the residence of the petitioner herein. She was produced before the learned Magistrate. The Magistrate appears to have questioned her and she appears to have told the Magistrate that she would prefer to go with her father. Thereupon, the learned Magistrate passed the order to the following effect:

(3.) In this Court, Crl. M. P. No. 595 of 1981 was filed by the petitioner to secure the presence of the lady and with a request that this Court may question her about her desire. This was done. That lady was brought to my Chambers and I questioned her in the presence of the learned counsel appearing for both sides. She said that she desires to live under the protection of her father and will have nothing to do with the petitioner.