IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(Crl.).No. 411 of 2009(S) --------------------------- PETITIONER: --------------- KALI, AGED 25, W/O.KRISHNAMOORTHY, AYMOON BUILDING, ROOM NO.7, COMPANYPADI, ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.C.D.JOHNY SRI.P.SHAIJAN JOSEPH RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE (RURAL), ALUVA, ERNAKULAM DISTRICT. 3. SUB INSPECTOR OF POLICE, ALUVA POLICE STATION, ALUVA, ERNAKULAM DISTRICT, REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM. ADDL. R4. VELLITHURAI, AGED ABOUT 29 YEARS, S/O. CHINNAMUTHYAYYA TEVAR, RESIDING AT KAIMAKKARA BUILDING, COMPANYPADI, THAIKKATTUKARA, ALUVA. (IMPLEADED AS PER ORDER ON I.A. 12887/09 DT.19.10.09) R1 TO R3 BY GOVERNMENT PLEADER SHRI.P.N. SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT. P1 TRUE COPY OF THE COMPLAINT DT.10.9.09 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. /TRUE COPY/ K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl).No. 411 of 2009 S - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of January, 2010 JUDGMENT Joseph, J. Petitioner is the wife of one Krishnamoorthi, It is stated that they hail from Tamilnadu. On 6.9.2009 at 9 p.m., one Vellithurai, a relative of the husband of the petitioner, came to their room and petitioner's husband went along with him to consume liquor. It is the case of the petitioner that Vellithurai came back without her husband and she was told that her husband was lying near a hotel. It is stated that Vellithurai left when the petitioner enquired him about her husband. The petitioner's husband is missing from 6.9.2009. She submitted Ext.P1 complaint before the third respondent. W.P.(Crl).No. 411 of 2009 2 2. Interim orders were passed by this Court. A statement has been filed by the learned Government pleader. It is submitted in that statement that a special team has been constituted and efforts have been made to trace out the petitioner's husband. 3. The learned counsel for the petitioner submits that the petitioner is not contacting him. The learned Government Pleader submits that the respondents are interested in securing the presence of the husband of the petitioner, as he is wanted in several criminal cases. 4. Accordingly this writ petition is disposed of directing the respondents to take efforts to trace out the husband of the petitioner and if he is traced out, he shall be produced before the Magistrate with notice to the petitioner. We also make it clear W.P.(Crl).No. 411 of 2009 3 that it is open to the petitioner to approach this Court at a later stage, if need arises. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm