IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 WP(C).No. 28597 of 2009(Q) ----------------------------------------- PETITIONER(S): ------------------------ N.VISHWANATHAN,S/O. NARAYANAN NADAR, KOTTAVILA VEEDU, AARAYOOR, PLAMOOTTUKADA, NEYYATTINKARA TALUK. BY ADVS.MR.SASTHAMANGALAM S. AJITHKUMAR, MR.P.M.SANEER RESPONDENT(S): ---------------------------- 1. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM (RURAL) 2. THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA, THIRUVANANTHAPURAM (RURAL). 3. THE CIRCLE INSPECTOR OF POLICE, PARASSALA, THIRUVANANTHAPURAM. 4. THE SUB-INSEPCTOR OF POLICE, PARASSALA POLICE STATION 5. THE ASSISTANT POLICE SUB-INSPECTOR, PARASSALA POLICE STATION. R1 TO R5 BY GOVERNMENT PLEADER MR. P.A. SALIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. ---------------------------------------- W.P.(C).No.28597 of 2009 ---------------------------------------- Dated this the 16th day of December, 2009 ORDER Nirmala, aged 42 years, wife of the petitioner was missing from 3.8.2009. Under Exhibit.P1 F.I.R, Crime 494/2009 was registered under the caption “women missing”. The Sub Inspector of Police, Parassala is investigating the case. The petitioner, an employee in Oman filed this petition under Article 226 of the Constitution of India commanding the first respondent to handover the investigation to Deputy Superintendent of Police or to constitute a special team for investigation, contending that no proper investigation was conducted and it is even now not clear whether his wife is alive or dead or whether she was abducted by antisocial elements. 2. Sub Inspector of Police filed a statement showing the progress in the investigation. Though the statement discloses that several persons were questioned and look out notice was issued, the net result is that the investigation is at the same stage where it was started. The investigating officer could not trace out the missing woman or at least find whether she is alive or not and if alive where she is. In such circumstances, it is necessary to give sufficient direction for proper investigation. Considering the progress made by the investigation conducted by Sub Inspector of Police, I find no reason to believe that continuation of investigation by the same Sub Inspector of Police would yield desired result. In such circumstances, the writ petition is disposed of as follows: 3. The first respondent Superintendent of Police, Thiruvananthapuram (Rural) is directed to entrust the investigation to a competent officer not below the rank of Deputy Superintendent of Police, and to constitute a team of efficient officers to conduct a proper investigation expeditiously. M.SASIDHARAN NAMBIAR, JUDGE cms