IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 35208 of 2008(N) -------------------------------------- PETITIONER(S): ------------------------ SMT. LILLY ANTO EDATHAN HOUSE, THALORE PO., THRISSUR. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, HOME DEPARTMENT THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS THIRUVANANTHAPURAM. 3. CIRCLE INSPECTOR OF POLICE PUDUKKAD POLICE STATION, PUDUKKAD. 4. SUB INSPECTOR OF POLICE PUDUKKAD POLICE STATION, PUDUKKAD. 5. CENTRAL BUREAU OF INVESTIGATION REP. BY THE DIRECTOR, CENTRAL BUREAU OF INVESTIGASTION, C.G.O. COMPLEX, NEW DELHI-110003. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R5 BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.35208 of 2008 ---------------------------------------- Dated this the 12th day of January 2008 J U D G M E N T The petitioner is the wife of one E.J.Anto who has been found missing from 10/05/2004. Crime No.281/04 under the caption 'man missing' was registered on 11/6/2004 at the Puthukkad police station. Investigation has been conducted. So far, the police have not been able to trace the said E.J.Anto. All efforts of the petitioner to ascertain the whereabouts of her missing husband have been in vain. She has come to learn that a crime has been registered at a Railway Police Station in Chattisgarh as crime No.1/04 also in respect of the same crime. The petitioner has come to this court with the grievance that the matter has not been properly investigated and prays that the investigation may be ordered to be conducted by the C.B.I which has better infrastructure and personnel to get such a proper investigation conducted outside the State. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor, after taking instructions, submits that the State is also of the opinion that the investigation can more advantageously and effectively be conducted by the C.B.I. 3. Notice has been given to the learned Standing Counsel for C.B.I. The learned Standing Counsel for C.B.I submits that W.P.C.No.35208/08 2 proper directions may be passed by this court in the interests of justice. 4. The outcome of the investigation, if any, pending in crime No.01/04 at the Railway Police Station, Raigarh is not available, I am satisfied that it will be only proper to direct the C.B.I to investigate crime No.281/04 of Puthukkad police station. They can be directed to ascertain the details of the other crime registered and take the necessary and needful action in the matter. 5. In the result, a) This W.P.C is allowed. b) Crime No.281/04 registered under the caption 'man missing' on 11/06/2004 at the Puthukkad police station shall now be continued to be investigated by the C.B.I. c) File shall be transferred to the C.B.I and the respondent shall render all assistance to the 5th respondent to ensure that a proper and effective investigation is conducted and thereafter that the final report is filed at the earliest. Trimonthly report shall be submitted by the C.B.I to this court about the progress of the investigation made - the first of same to be filed on or before 31/3/2009. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.35208/08 3 W.P.C.No.35208/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007