IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(Crl.).No. 257 of 2010(S) --------------------------- PETITIONER(S): --------------- MINI.G.NAIR,AGED 44 YEARS, W/O.P.VIJAYAKUMAR,GEETHA BHAVAN,MARUTHANKUZHI, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.SUNIL V.MOHAMMED SRI.V.PRASANTH SMT.P.KULUSU RESPONDENT(S): --------------- 1. PRABHAKARAN NAIR,S/O.KESAVAN PILLAI, NIRMALAYAM HOUSE,NEAR UDAYANNOOR DEVI TEMPLE, KANJIRAMPARA,SASTHAMANGALAM,THIRUVANANTHAPURAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, VATIYOORKKAVU POLICE STATION, THIRUVANANTHAPURAM DISTRICT. 3. THE ASSISTANT COMMISSIONER, CANTONMENT POLICE,THIRUVANANTHAPURAM. ADV. SRI.G.SUDHEER FOR R1 SR.GOVERNMENT PLEADER SRI.P.K.BABU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX TO W.P.(CRL) NO.257/2010 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE FIR NO.208/2008 DATED 27/7/2008 VATTIYOORKAVU POLICE STATION. EXT.P2: TRUE COPY OF THE FIR NO.463/2008 DATED 11/11/2008 OF VALIYATHURA POLICE STATION. EXT.P3: TRUE COPY OF FIR NO.349/2008 DATED 04/12/2008 OF VATTIYOORKKAVU POLICE STATION. RESPONDENT'S EXHIBITS: EXT.R1(a): TRUE COPY OF THE ORDER CRL.M.C.1954/2008 DATED 04/11/2008. EXT.R1(b): TRUE COPY OF THE PETITION DATED 12/1/2009. EXT.R1(c): TRUE COPY OF THE PETITION DATED 14/1/2008. EXT.R1(e): TRUE COPY OF PETITION BEFORE CHIEF MINISTER. // True Copy// PA to Judge THOTTATHIL B. RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. * * * * * * * * * * * * * * * * * * * * * * * * W.P.(Crl).No.257 of 2010 --------------------------- Dated this the 18th day of July 2011 O R D E R Thottathil B.Radhakrishnan, J. The petitioner alleges that her husband is missing since long. The materials on record show that investigation is being carried out by constituting special teams and also by searching out for the person in different areas including areas of religious and spiritual importance in different parts of the country. Dead bodies were also being identified in connection with the investigation. The petitioner's apprehension that the 1st respondent is responsible for the disappearance of the alleged detenue has also been looked into by the police. As of now, nothing has been unearthed which could point any accusing finger at the 1st respondent. The Crime Detachment Wing is handling the case. W.P.(Crl) No.257/10 : 2 : 2. As of now, we are satisfied that the investigation is proceeding without any laxity. We therefore, direct the police to vigorously continue the investigation. We also clarify that if the petitioner has any further complaint about any undue delay in the investigation, she may make appropriate complaint to the Director General of Police or superior authorities of the Assistant Commissioner, Crime Detachment, Thiruvananthapuram city. We direct that the petitioner and the 1st respondent will co- operate with the investigators. We also leave it open for the petitioner to move the jurisdictional judicial Magistrate if it becomes necessary to seek any orders in terms of the provisions of the law containing in the Code of Criminal Procedure, having regard to the law laid down in Sakiri Vasu v. State of U.P & Others [2008 AIR SCW 309]. This writ petition is ordered accordingly. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) (K.SURENDRA MOHAN, JUDGE) jsr // True Copy// PA to Judge W.P.(Crl) No.257/10 : 3 :