IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 Crl.MC.No. 1942 of 2008() ------------------------- CRIME NOL.232/08 OF THE PAYYOLI POLICE STATION. PETITIONER: ------------ HARSHALEKHA.S.,AGED 28 YEARS, D/O. SAHAJANANDAN,"RAHNA" THIKKODI AMSOM,TRIKKOTTUR DESOM,KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.MANJERI SUNDERRAJ SMT.SUSAN JACOB RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY PAYYOLI POLICE STGATION, CRIME NO2.232 OF 2008,PAYYOLI,KOZHIKODE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUPERITNTENDENT OF POLICE, (KOZHIKODE RURAL),S.PS OFFICE, VALATAKA. 3. THE SUPERITNTENDENT OF POLICE, S.P"S OFFICE, MALAPPURAM. 4. CIRCLE INSPECTOR OF POLICE, PARAPPANANGADI. 5. RAMADEVI, W/O. SAHAJANANDAN "RAHANA" THIKKODI AMSOM,TRIKKOTTUR DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB. SRI.SUNNY MATHEW FOR R5 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 1942 of 2008 ------------------------------------------------- Dated this the 2nd day of July, 2008 ORDER The petitioner has appeared before this Court. The Investigating Officer is present. The 5th respondent is also represented. The Investigating Officer was given an opportunity to question the petitioner. The petitioner was interviewed by me in the Chamber in the presence of the learned counsel for the petitioner and the learned counsel for the 5th respondent. She asserts that she is not “missing” and that because of certain peculiar circumstances in the relationship between her father and mother, she does not want to return to her house. She is employed, an adult, holds M.A. & M.Ed. Degrees and is well. There is no merit in the apprehension that she is “missing” or that her absence from the home is suspicious. Her decision not to stay with her Crl.M.C. No. 1942 of 2008 -: 2 :- parents and go to them cannot arouse any reasonable apprehension. 2. The learned Public Prosecutor submits that, in these circumstances, the crime can now be closed and the petitioner is not required for any purpose in connection with the said crime i.e., Crime No.232/08 of the Payyoli Police Station. 3. The learned counsel for the 5th respondent submits that the father of the girl is apprehensive that she has some mental disturbances and he wants to ensure that the girl undergoes proper treatment. I am not persuaded to agree that any such treatment is required emergently. At any rate, the interview which I had with the petitioner in the Chamber does not instil in me the satisfaction that any such course deserves to be followed now in this crime registered under the caption “Man Missing”. 4. This Crl.M.C. is, in these circumstances, dismissed accepting the submission of the learned Public Prosecutor on behalf of the Investigating Officer that steps shall immediately be taken to close further proceedings in Crime No.232/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge