LAWS(KER)-2018-11-454

BABUKUTTAN CHETTIAR Vs. SUB INSPECTOR OF POLICE

Decided On November 09, 2018
Babukuttan Chettiar Appellant
V/S
SUB INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) The supervisory jurisdiction of this Court under Art. 227 of the Constitution of India is invoked by the petitioner to set aside proceedings dated 14.9.2018 of the learned Judicial First Class Magistrate Court, Paravoor.

(2.) One Jayakrishnan, aged about 22 years, is the son of the petitioner. The aforesaid Jayakrishnan eloped with the 2nd respondent, who happens to be the wife of the 3rd respondent. The 3rd respondent approached the police and filed a complaint based on which, Crime No.656 of 2018 of the Chathannur Police Station was registered. In the course of investigation, it was found that the son of the petitioner and the 2nd respondent were staying together. The 2nd petitioner was produced before the learned Magistrate. She stated before the learned Magistrate that her relationship with her husband is strained and that Jayakrishnan is her friend. She further stated that she had stayed in a lodge with Jayakrishan on her own volition. The learned Magistrate recorded her statement. Finding that she was an adult and a person capable of taking her own decisions, she was set at liberty.

(3.) The above order passed by the learned Magistrate is under challenge in this petition.