IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 WP(Crl.).No. 316 of 2011(S) -------------------------------- F.I.R. NO.167/2011 OF PAZHAYANNUR POLICE STATION. ........ PETITIONER(S): ---------------------- KRISHNANKUTTY @ UNNIKUTTAN,AGED 47 YEARS, S/O.VELAYUDHAN,PRACHINGAYIL HOUSE,PAYYANNUR POST, THRISSUR DISTRICT,PIN:679105. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): ------------------------- 1. STATE OF KERALA,REPRESENTED BY THE SPL. SECRETARY,HOME DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DIRECTOR GENERAL OF POLICE,POLICE HEAD QUARTERS,KERALA,THIRUVANANTHAPURAM-695011. 3. SUPERINTENDENT OF POLICE,THRISSUR, PIN-680001. 4. CIRCLE INSPECTOR OF POLICE, CHELAKKARA-680586. 5. SUB INSPECTOR OF POLICE,PAZHAYANNUR POLICE STATION,PIN-680587. 6. SANKARANKUTTY,S/O.RAMACHANDRAN,PIDIKA KUNDIL HOUSE,PAYYANNUR POST,THRISSUR-679105. R1 TO R5 BY PUBLIC PROSECUTOR SRI. C.M.KAMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(CRL) NO.316/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE FIR NO.167/2011 DT. 9.4.2011 OF THE PAZHAYANNUR POLICE STATION WITH F.I.STATEMENT AND CRIME CARD. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ----------------------------------- W.P(Crl.).No.316 OF 2011 ------------------------------------ Dated this the 15th day of July, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. The petitioner is the father of Subha, who has a son Aswin. They are reportedly missing from 8.4.2011. In relation to that, Ext.P1 FIR has been registered by the Pazhayannur police. Learned Government Pleader says that investigation until now has shown that Subha has apparently eloped with the 6th respondent who is also missing from his home. He is also not found in the address in Bangalore where he was reportedly working. The husband of Subha is not a party to this writ petition. The petitioner says that he is presently working in Meghalaya. As of now, we do not deem it necessary to treat this as a matter for issuance of a writ of Habeas Corpus. All that is required is that Ext.P1 in which all relevant details, including photographs of the mother and child are available, is carried out to its logical end by vigorous WPCR.316/11 2 investigation in accordance with law. We direct that the third respondent will supervise the investigation that is being carried out by his subordinates. If the petitioner has any further complaint about any laxity or misdirection in the investigation or in the event of his obtaining any further materials or information, including from the husband of Subha, he will bring it to the notice of the third respondent and also any higher official, if need be. We also leave open the petitioner’s rights, if any, in accordance with law, as and when necessary, to move the jurisdictional Magistrate in view of the law laid by the Apex Court in Sakiri Vasu v. State of U.P. [2007(13) SCALE 693]. With the aforesaid, this writ petition is ordered directing that the police will vigorously continue with the investigation of the case. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- K.SURENDRA MOHAN, Judge. kkb.20/7.