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. 361 of 2010(S) --------------------------- PETITIONER(S): --------------- RAJAN.J,S/O.LATE JOHN,AGED 57 YEARS, PERINGOTTUKUZHI PUTHEN VEEDU,PALLICHAL, NEMOM(PO),NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.K.MADHUSOODANAN SRI.P.M.BINOY KRISHNA RESPONDENT(S): --------------- 1. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, TRIVANDRUM RURAL,THIRUVANANTHAPURAM. 3. DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA. 4. THE SUB INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM RURAL. 5. SRI.SASI,S/O.KOCHUPILLA,AGED 50 YEARS, MADATHUVILA HOUSE,EDACKODE(NEAR NEMOM RAILWAY STATION)PALLICHAL VILLAGE & DESOM, NEMOM(PO), THIRUVANANTHAPURAM DISTRICT. 6. SRI.RADHAKRISHNAN, S/O.KOCHUPILLA,AGED 40 YEARS, MADATHUVILA HOUSE, EDACKODE(NEAR NEMOM RAILWAY STATION)PALLICHAL VILLAGE & DESOM, NEMOM(PO) THIRUVANANTHAPURAM DISTRICT. 7. SUPERINTENDENT OF POLICE (ERNAKULAM RURAL), ALUVA. ADV. SRI.LIJU. M.P FOR R5,6 SR.GOVERNMENT PLEADER SRI.P.K.BABU FOR R2-4 & R7 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.361/2010 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE FIR AND F.I.STATEMENT RECORDED BY THE 4TH RESPONDENT. EXT.P2: TRUE COPY OF CRIME MEMO ISSUED TO THE PETITIONER BY THE OFFICE OF THE 4TH RESPONDENT. EXT.P3: TRUE COPY OF THE REER REPORT BY THE 4TH RESPONDENT BEFORE THE SUB DIVISIONAL MAGISTRATE COURT, TRIVANDRUM. EXT.P4: TRUE COPY OF THE PETITION DATED 22/3/2008 BEFORE THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA BY THE PETITIONER. EXT.P5: TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER, DATED 28/7/2010 BEFORE THE 2ND RESPONDENT. EXT.P6: TRUE COPY OF THE RECEIPT DATED 30/7/2010 ISSUED FROM THE CAMP OFFICE OF THE RESPONDENT NO.2. RESPONDENT'S EXHIBITS: EXT.R5(a): TRUE COPY OF THE COMPLAINT DATED 9/3/2007 SUBMITTED BEFORE THE SUPERINTENDENT OF POLICE, NEYYATTINKARA. EXT.R5(b): TRUE COPY OF THE PETITION DATED 26/3/2007 SUBMITTED BEFORE THE HON'BLE MINISTER FOR HOME AFFAIRS (KERALA) FOR A PROPER INVESTIGATION IN THE MATTER. EXT.R5(c): TRUE COPY OF THE PETITION DATED 12/6/2007 SUBMITTED BEFORE THE HON'BLE CHIEF MINISTER OF KERALA THROUGH HON'BLE MEMBER OF PARLIAMENT. EXT.R5(d): TRUE COPY OF THE LETTER DATED 29/2/2008 ISSUED BY ADDITIONAL CHIEF SECRETARY. // True Copy// PA to Judge THOTTATHIL B. RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. * * * * * * * * * * * * * * * * * * * * * * * * W.P.(Crl).No.361 of 2010 --------------------------- Dated this the 18th day of July 2011 J U D G M E N T Thottathil B.Radhakrishnan, J. This writ petition is filed alleging that the wife of the petitioner is under illegal detention. Respondents 5 and 6 are her brothers. The petitioner has two sons through his earlier marriage. The woman is missing from 2007. 2. With the passage of time, we have different materials on record. As of now, the Deputy Superintendent of Police, Neyyattinkara is supervising the work of the Investigation Team headed by the Circle Inspector of Police, Neyyattinkara. That is a special team constituted under the direct supervision of the Deputy Superintendent of Police, Neyyattinkara. Different steps taken by that team is on record. One of the statements is filed by the Director General of Police. With these materials, we are clear in our mind that the police are vigorously pursuing the investigation though we do not see any scope for allegation that there is any laxity in the investigation, as of now. W.P.(Crl).No.361/2010 2 3. Under such circumstances, we direct the 3rd respondent/Deputy Superintendent of Police to ensure that the investigation by the Special team is further pursued and prompt report be sent up to the Director General of Police, who may, if it is found necessary, hand over the investigation to any other officer or team as may be thought fit. This writ petition is ordered accordingly, also leaving open the right of the petitioner to move the Director General of Police or the District Police Chief (Thiruvananthapuram Rural) or the Deputy Superintendent of Police, Neyyattinkara or if necessary, to move the jurisdictional Magistrate in view of the decision in Sakiri Vasu v. State of U.P & Others [2008 AIR SCW 309]. All other issues are left open. (Sd/-) (THOTTATHIL B. RADHAKRISHNAN, JUDGE) (Sd/-) (K.SURENDRA MOHAN, JUDGE) jsr // True Copy// PA to Judge