IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 WP(Crl.).No. 509 of 2010(S) ------------------------------------ PETITIONER(S): --------------------- SMT.SUJATHAKUMARI M.R., W/O.ARAVINDHAKSHAN, AGED 40 YEARS, KOLLARETHU HOUSE, EDANAD MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.C.B.SREEKUMAR RESPONDENT(S): ------------------------ 1. DIRECTOR GENERAL OF POLICE (LAW & ORDER) POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION, ALAPPUZHA DISTRICT. 4. SMT.SHAILAJA K.NAIR, KRISHNASAILAM, EDANAD MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT, PIN-688001. R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI.P.K.BABU. R4 BY ADV. SRI.S.BIJU (KIZHAKKANELA) THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 06/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 509 of 2010(S) PETITIONER'S EXHIBITS: EXT.P1. PHOTOCOPY OF THE COMPLAINT BEFORE THE IST RESPONDENT. EXT.P2. PHOTOCOPY OF THE REPRESENTATION DATED 15.12.2010 FILED BYTHE ACTION COUNCIL. K.M.JOSEPH & P.BHAVADASAN, JJ. ------------------------------------------------------ W.P.(Crl) No.509 of 2010-S ---------------------------------------------- Dated, this the 6th day of January, 2011 J U D G M E N T K.M.Joseph, J. The prayers in the writ petition are as follows: “a) to issue a writ of mandamus directing the respondents to produce the minor boy before this Hon'ble Court as expeditiously as possible. b) to direct the Ist respondent to conduct an investigation on the basis of the complaint submitted by the petitioner and to direct the Ist and 2nd respondents to conduct the investigation through any higher officials and find out the boy.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is residing with her husband and two sons, Vishnu Aravind aged 16 years and Vivek Aravind aged 12 years. Petitioner's son Vishnu Aravind is a Plus One student. The allegation is that the 4th respondent filed false complaint against her son and Sujith Philip (Ext.P1). There are number of civil and criminal cases between the family members of 4th respondent and Sujit Philip's family. The allegation is that on the basis of Ext.P1 complaint police constables of Chengannur police station summoned the WPCRL 509/2010 -2- petitioner's minor son to the police station on 8.12.2010. On 8.12.2010 onwards her minor son is missing. 3. Petitioner's husband filed complaint. Finding no action petitioner is before us. 4. Today, when the matter came up, the alleged detenu was produced before us. We interacted with him. He would submit that he would go with the petitioner and that he had gone on his own. Learned Government Pleader brings to our notice that Crime No.1152/2010 of Chenannur Police Station has been registered for man missing. In view of the appearance of Sri.Vishnu Aravind before us, we order that the said crime be closed. We also close the writ petition allowing Vishnu Aravind to go with the petitioner. (K.M.JOSEPH) JUDGE. (P.BHAVADASAN) JUDGE. MS