IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(Crl.).No. 186 of 2009(S) --------------------------- PETITIONER: --------------- JOHN MANJOORAN, AGED 55 YEARS, S/O.KOCHUVAREED MANJOORAN, MANJOORAN HOUSE, VAPPALASSERY, 683 590. BY ADV. SRI.A.JAYASANKAR SRI.MANU GOVIND SRI.PRAMOD DAS LOHYA RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, TRIVANDRUM. 2. THE SUPERINTENDENT OF POLICE (RURAL ALUVA), POWERHOUSE ROAD, ALUVA. 3. THE CIRCLE INSPECTOR OF POLICE, NEDUMBASSERY POLICE STATION, NEDUMBASSERY. 4. THE RELIANCE COMMUNICATIONS, ANIL DHIRUBHAI AMBANI GROUP REPRESENTED BY ITS AUTHORISED OFFICER, AVS BUILDING, XL/5884-3, NEAR PADMA JUNCTION, M.G.ROAD, KOCHI-35. 5. THE IDEA CELLULAR LTD., REPRESENTED BY ITS AUTHORISED OFFICER, 4TH FLOOR, MERCY ESTATES, RAVIPURAM, KOCHI-682 015. GOVERNMENT PLEADER SRI.K.RAVINDRA BABU ADV. SRI.V.G.ARUN FOR R4 SRI.T.R.HARIKUMAR FOR R4 ADV.SANTHOSH MATHEW FOR R5 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.186 of 2009 ---------------------------------------- Dated this the 23rd day of June 2009 J U D G M E N T The learned counsel for the petitioner submits that the alleged detenu, the son of the petitioner, an adult major student aged 19 years has subsequent to the filing of this writ petition returned to his parents and in these circumstances no further directions are necessary in this writ petition. 2. We accept the request of the learned counsel for the petitioner and this writ petition is dismissed as unnecessary under the present circumstances. R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr W.P.(Crl)No.186/09 2 O R D E R BASANT,J The petitioner in this writ petition complains of the mysterious disappearance of his son, a first year B.Tech student aged 19 years with effect from 07/05/2009, on which date, there was a call to observe a Harthal. He had left his house in a motor cycle and has not been heard of thereafter. The motor cycle or the son of the petitioner have not been traced so far. The petitioner apprehends that some anti social elements may have detained the petitioner's son though he is unable to narrate any specific reasons for such conduct of any person. By order dated 15/5/2009, respondents 4 and 5 were directed to help the police to trace the missing person by furnishing details of the calls made by him from two cell phones, which he was having at the relevant time. It is submitted that the requisite information has already been furnished and the 3rd respondent is in possession of such information. Third respondent prays for further time to verify details and make detailed submissions. 2. The boy has been missing from 07/05/2009. F.I.R has been registered on 09/05/2009 under the caption 'man missing'. Police must certainly show a greater sense of urgency and expedition to trace the missing person and produce him before W.P.(Crl)No.186/09 3 court. More than 15 days have elapsed and no specific clue is gathered so far. We do, in these circumstances, feel that specific directions must be issued to the 2nd respondent to oversee and monitor the investigation personally and produce tangible results by the next date of posting. 3. Call this petition again on 08/06/2009. The 2nd respondent is directed to personally oversee and monitor the investigation. If the missing person is traced, he shall forthwith be produced before the learned Magistrate having jurisdiction. If he is not traced by the next date of posting, the 2nd respondent shall file a statement before this court explaining the steps taken and the stage of investigation. Call on 08/06/2009. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr W.P.(Crl)No.186/09 4 W.P.(Crl)No.186/09 5 R.BASANT &C.T.RAVIKUMAR, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009