HYDRALI Vs. DISTRICT SUPERINTENDENT OF POLICE PALAKKAD

JUDGEMENT

(1.) Husband of a lady named Kadeeja, aged 28 years is the petitioner herein, approaching this court seeking a writ of Habeas Corpus for commanding production of the corpus of his wife and minor child, Muhammed Ishan born to the petitioner in Smt. Kadeeja, and to set them at liberty.

(2.) It is averred in the writ petition that, the petitioner had married Smt. Kadeeja (hereinafter referred to as the 'alleged detenue') about 6 years back and a male child named Muhammed Ishan was born out of the said wedlock, on 10-06-2013. The alleged detenue along with the child was residing with the petitioner. The alleged detenue was working as a Pharmacist in a medical shop at Chalissery. But the alleged detenue and the minor child was seen missing from the house of the petitioner since 27-10-2018. Eventhough a case was registered at the instance of the petitioner at Chalissery Police Station, as per Ext.P4, with respect to the missing of the alleged detenue and the child, it is averred that, the police is not taking any effective steps to trace out the alleged detenue and the child. The petitioner came to know that a person named Sreejin (additional 4th respondent herein) was also missing since the same date and it is apprehended that he had enticed the alleged detenue and taken her along with the child to some unknown place. It is alleging that the detenue and the child are under illegal detention, the above writ petition is filed.

(3.) This court had issued repeated directions to the respondents 1 to 3 to take all earnest efforts to trace out the alleged detenue and the child, and to produce them before this court. A peremptory direction was issued to the 1st respondent on 21-12-2018, directing him to take effective steps to trace out the alleged detenue and the child and to produce them before this court on or before 07-01-2019, failing which it was directed that the 1st respondent should appear in person before this court on that date.