IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 WP(Crl.).No. 162 of 2009() -------------------------- PETITIONER(S): --------------- SHEELA S., W/O.LATE UTHAMAN, AGED 41 YEARS, KUNNUVILA VEEDU, ETHUKKADU, PUTHUSSERY MUKKU P.O., KARAVARAM VILLAGE, KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI. K.SIJU RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL (NC), THIRUVANANTHAPURAM. 3. DIVISIONAL SECURITY COMMISSIONER, RAILWAY PROTECTION FORCE, PALAKKAD RAILWAY DIVISION, PALAKKAD, KERALA. 4. THE SUB INSPECTOR OF POLICE, RAILWAY POLICE STATION, PALAKKAD. ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS FOR R3 GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANSAR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No.162 of 2009-S ------------------------------------------------- Dated this the 4th day of January, 2010 JUDGMENT Basant,J. This petition has been filed by the mother of a missing person for issue of a writ of habeas corpus to search for, trace and produce the alleged detenue - her son. This judgment must be read in continuation of the earlier orders passed by us in this case. The son of the petitioner - the alleged detenue - Sharon by name, is an adult male aged 21 years, who has been missing from 28/2/09. He was employed in the Armed Forces and he was found to be missing while he was allegedly proceeding to the place of employment. Apprehending that her son is detained illegally, the petitioner has come to this Court with this petition. Directions were issued from time to time. 2. It is now evident that there is no element of illegal W.P.(Cri) No.162 of 2009 -: 2 :- detention or confinement of the alleged detenue. Sequence of events indicate that he has been missing and he has not been traced so far. The report by the Investigating Officer shows that everything possible is being done in the course of investigation to trace the missing person. 3. We are, in these circumstances, satisfied that there is absolutely no circumstances warranting issue of a writ of habeas corpus. This clearly is a case of the person missing. A crime has been registered. Investigation is in progress. We have no reason now to assume that proper investigation shall not be conducted. We are, in these circumstances, satisfied that this writ petition can now be dismissed without any fetter on the right of the petitioner to approach the appropriate Bench of this Court again if there is no valid and proper completion of the investigation. 4. With the above observations, this writ petition is dismissed. sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge