IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WA.No. 1582 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.4975/2006 Dated 19/12/2008 .................... APPELLANT(S): -------------- GEORGE AGED 59 YEARS, S/O. LATE VARKLEY , R/A ALASAKODATH, CHANGAMPUZHA ROAD, EDAPPALLI P.O., KOCHI-24. BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA SRI.M.R.VIBIN RESPONDENT(S): --------------- 1. THE DIRECTOR, THE CENTRAL BUREAU OF INVESTIGATION, NEW DELHI. 2. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL AFFARIS NEW DELHI. 3. STATE OF KERALA,REP. BY THE SECRETARY, MINISTRY OF HOME AFFARIS, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE CIRCLE INSPECTOR OF POLICE, WOMEN'S CELL, ERNAKULAM. 5. THE SUB INSPECTOR OF POLICE, PALLURUTHI POLICE STATION, ERNAKULAM. 6. THE SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, ERNAKULAM. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R1 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R2 GOVT.PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.1582 of 2009 ---------------------------------------------- Dated 28th July, 2009. J U D G M E N T Kurian Joseph, J. Appellant is the writ petitioner. The writ petition was filed with the following prayer :- “Issue a writ of mandamus or any other appropriate writ directing the first respondent to investigate and find out petitioner's daughter, at the earliest.” According to the appellant, his daughter Smitha had gone to Dubai on 1.9.2005 in a visiting visa for 55 days along with her husband Antony. After two days of reaching Dubai, the said Antony informed the petitioner that their daughter Smitha was missing. Despite the lapse of around four years, it was not possible for anybody to trace out the missing girl. The learned Single Judge disposed of the writ petition directing the Secretary, Department of External Affairs to WA NO.1582/2009 2 take appropriate action including the action by the Indian Consulate by publishing photograph of the missing girl in all local dailies and TV periodically for some time, in Dubai and Abudhabi. The learned Single Judge has also directed the authorities to keep the petitioner informed of the progress in the matter. It is the apprehension of the appellant that in view of the observation in the judgment that there is no prima facie case made out against the husband, there may not be any fruitful investigation. We are afraid, there is no basis for such an apprehension. For one thing it is to be seen that the husband Antony is not on the party array. Be that as it may, the learned Single Judge has only said that from the materials available on record as of now there is no prima facie case against Antony. That does not mean that this court has entered a finding that Antony is not an accused. In the investigation/enquiry, necessarily the role if any of Antony will also have to be looked into and if it is revealed that Antony is involved, naturally law will take WA NO.1582/2009 3 its own course. Subject to the above clarification, the writ appeal is dismissed without prejudice to the liberty to the petitioner to pursue the matter in appropriate proceedings, subject to the outcome of the steps taken by the second respondent. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.1582 of 2009 ---------------------------------------------- J U D G M E N T Dated 28th July, 2009.