V VALLI Vs. STATE

JUDGEMENT

(1.) INVOKING the writ jurisdiction of this court, the petitioner one Valli has brought forth this petition for the issuance of the writ of habeas corpus, alleging that her husband, namely Vedappan, was found missing from 5.5.2008 onwards; that a complaint was given to the first respondent; and that a case came to be registered for man missing on 15.5.2008 in Crime No.261 of 2008, but no steps were yet taken. Added further the learned counsel that in the instant case, the petitioner's husband purchased an immovable property from the mother of the second respondent; that they insisted for re-conveyance of the property, to which course the husband of the petitioner was not amenable; that there was a panchayat convened and it did not fructify and that with the assistance of respondents 3 and 4, the second respondent has kidnapped the husband of the petitioner on 5.5.2008 and that the same was reliably learnt by the petitioner and under these circumstances, the petitioner was compelled to file this habeas corpus petition before this Court.

(2.) IN answer to the above, the learned counsel for the State would submit that it is true, a complaint was given on 15.05.2008; that a case came to be registered in Crime No.261 of 2008 for man missing and thus, the investigation is on. The learned counsel would further submit that the petitioner and her husband had a daughter aged 16 years; that she was given in marriage to one Nasir; that the marriage was arranged by the petitioner with all objections raised by her husband, but she did not pay heed to the same and under these circumstances, the petitioner's husband disappeared and further the case was registered and now, the investigation is on.