IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 24057 of 2008(L) -------------------------- PETITIONERS: --------------------- RADHA , W/O. SHANMUGHAN, KALAVARAKUNNU PARAMBAN, VELUPPADAM DESOM VARANTHARAPPILLY PANCHAYATH, MUKUNDAPURAM TALUK BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: ------------------------- 1. STATION HOUSE OFFICER VARANTHARAPPILLY POLICE STATION, VARANTHARAPPILLY,THRISSUR. 2. SUPERINTENDENT OF POLICE THRISSUR 3. DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM 4. DIRECTOR GENERAL OF POLICE (CRIMES) THIRUVANANTHAPURAM 5. THE SUPERINTENDENT OF POLICE CENTRAL BUREAU OF INVESTIGATION SPECIAL CRIME BRANCH, KATHRIKADAVU, KOCHI. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R5 R1 TO 4 BY PUBLIC PROSECUTOR SMT. LAKSHMI RANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE F.I.R. IN CRIME NO: 231/2006 EXT.P2: -DO- OF THE COMPLAINT DT. 29.12.2006 EXT.P3: -DO- DT. 18.6.2008 EXT.P4: -DO- OF THE NEWS REPORT DT. 7.6.2008 IN KERALA KAUMUDI EXT.P5: -DO- OF THE NEWS REPORT IN KAUMUDI FLASH EXT.P6: -DO- OF THE DETAILS FURNISHED UNDER R.I. ACT. DATED 14.7.2008 jj /TRUE COPY/ P.A. TO JUDGE V.K.MOHANAN, J. ------------------------------- W.P(C) No.24057 OF 2008-L ------------------------------- Dated this the 19th November, 2008. JUDGMENT Petitioner herein is the wife of one Shanmughan who is missing from 22.11.2006. According to her she is now residing along with her two daughters in a tiled house constructed in 3 cents of land which is the sole asset of her family. The case of the petitioner is that Mr.Shanmughan was doing timber and furniture business in a small scale and he happened to met one Dasan, Edathuttupadam, Chengannur, businessman engaged in importing of timber in Kerala on large scale. It is averred in the petition that the husband of the petitioner Mr.Shanmughan, with the help of said Dasan, took a timber company on lease agreement and as a result of the frequent dealings with the said Dasan the husband of the petitioner was made a benami of the said Dasaan in the timber import industry and thus large scale of timber were imported from Tuticorin port. All these business were done by Dasan by obtaining a licence in the name of husband of the petitioner and thus the turnover of the business came to crores of rupees and the sales tax WPC 24057/08 2 due will come about Rs.3 crores. According to the petitioner her husband was not aware of the procedures of import and he has no knowledge of the tax dealings etc. Thus, according to the petitioner the sales tax department initiated recovery proceedings for realising an amount of Rs.87 lakhs and the said amount now accrued to the tune of Rs.2.84 crores. 2. It is the further case of the petitioner that as the said Dasan refused to pay the tax amount due, the relationship between the husband of the petitioner and the said Dasan strained and Shanmughan continued the business in his own volition and because of that conduct of Shanmughan the said Dasan and his henchmen attacked petitioner's husband on their way to Tuticorin Port and the petitioner's husband was brutally manhandled at the residence of Dasan. It is also averred in this writ petition that the Dasan tried to take away the life of the petitioner's husband. As the revenue recovery proceedings were pending, the husband of the petitioner did not make any complaint before any authority. It is also stated that as no amount was paid, inspite of the revenue recovery proceedings, the revenue department took hasty steps to sell the petitioner's 3 cents of property. That being the position on WPC 24057/08 3 22.11.2006, the husband of the petitioner started from their residence to Thrissur in connection with his work. But thereafter he has not returned so far. Accordingly a complaint was filed before the Varandarapilly police station in Thrissur district stating the missing of the husband of the petitioner. Accordingly Crime No: 231 of 2006 was registered in the Varandarapilly police station under the caption “man missing”. 3. It is the further case of the petitioner that though the crime was registered on 1.12.2006 no fruitful investigation was conducted and so far there is no information about the husband of the petitioner as to whether he is alive or dead. It is also stated that an action counsel was formed connected with the disappearance of husband of the petitioner under mysterious circumstances and they filed Ext.P2 petition before the Superintendent of Police, Thrissur. Inspite of the petitions, memorandum before the police authorities and the registration of crime in Varandarapilly police station, no effective step was taken by the police and even though more than two years have lapsed, so far the police authorities is not in a position to say anything regarding the whereabouts of Mr.Shanmughan. It is in the above circumstances the petitioner WPC 24057/08 4 approached this Court with a prayer that investigation in Crime No:231/2006 of Varandarapilly police station may be entrusted with the crime branch or CBCID . 4. The Sub Inspector of Varandarapilly police station filed a statement dated 6.10.2008 in this Court, in which it is stated that a crime was registered on 1.12.2006 in the said police station as Crime No: 231/06 under the caption 'man missing' and narrated certain steps taken towards the investigation. It is stated that a final report was filed in the Judicial First Class Magistrate Court, Irinjalakkuda on 25.9.2007 referring the case as “undetected”, since, inspite of the earnest efforts to find out the missing person the police could not trace out him and there was no possibility to find out the missing person. It is also clear from the statement that on filing such refer report, the petitioner approached the Superintendent of Police and at his instance a report was made to the court on 6.8.2008 for reopening the case. It is stated that on getting permission from the court, further investigation was started. Except some clerical work, nothing meaningful and useful was done even after obtaining the permission. According to the Sub Inspector though Dasan was questioned in detail no clue was WPC 24057/08 5 obtained about Mr. Shanmughan. It is also stated that the Sub Inspector came to know the affairs of Shanmughan and Dasan at Thoothukudy, Pollachi and Shencottah connected with the timber business. But nothing materialised thereafter. 5. Though this Court by order dated 5.11.2008 directed the Prosecutor to file a statement showing the details of steps taken by the present Investigating Officer after obtaining the order from the court below for further investigation, no statement is seen filed. Learned Public Prosecutor made available to me the written instructions prepared by the S.I of Police, Varandarapilly police station. On an anxious perusal of the same, I failed to find out any effective and meaningful steps taken by the Sub Inspector to trace out the missing person. Along with the said statement the S.I produced certain documents which would show that the turnover of the timber business undertaken by the husband of the petitioner would come to crores of rupees. 6. Learned counsel for the petitioner submitted that petitioner's husband was attacked on several occasions at the instance of the said Dasan and crores of rupees are due to the government by way of sales tax and the petitioner's husband is no WPC 24057/08 6 way responsible and liable for the same though the business was in the name of missing Shanmughan. Therefore, the mysterious circumstances under which the Shanmughan disappeared has to be enquired into by a competent authority. Learned counsel pointed out that huge amount is involved in the alleged business and those details are within the knowledge of the missing Shanmughan and therefore missing of husband of the petitioner cannot be taken as a usual man missing. Even, according to the petitioner, she had stated in the petition about the instances under which the said Shanmughan was attacked and attempts made to murder him. 7. Learned Public Prosecutor submitted that sufficient time was granted to the present investigating officer. But he could not take any substantial steps towards tracing out the missing man and therefore a superior officer can be directed to conduct investigation into the details. 8. Going by the records it can be seen that though the husband of the petitioner was missing from 22.11.2006 and though a crime was registered no serious investigation was undertaken and even though more than two years are over the present investigating officer is unable to trace out any lead. It is also borne out from the WPC 24057/08 7 statement of the S.I that once he had filed a refer report before the court below as the case is “undetected” after forming an opinion that Shanmughan could not be found out and as there is no possibility to find out the missing person in the near future. Though further investigation was started after getting permission from the court below at the instance of the Superintendent of Police, Thrissur, the position is the same and there is no progress at all. Thus, considering the seriousness of the matter and peculiar facts and circumstances involved in the matter, especially when the local police miserably failed to find out the missing person, I am of the view that it is better to entrust the investigation with some other agency under the third respondent. In the above circumstances the third respondent is directed to entrust the investigation in crime No: 231/2006 of Varandarapilly police station with crime branch or CBCID and to see that effective steps and arrest are taken place to find out the missing husband of the petitioner. Writ petition is disposed of accordingly. V.K.MOHANAN JUDGE jj