IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(Crl.).No. 521 of 2009(S) -------------------------------------- PETITIONER: ------------------- S.BABU, S/O.SEKHARAN, AGED 44 YEARS, DILEEP BHAVANAM, BALARAMAPURAM, KOTTAIKKAL P.O., THIRUVANANTHAPURAM. BY ADVS. MR.M.V.THAMBAN, MR.R.REJI, MR.B.BIPIN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM. 3. THE DEPUTY SUPT. OF POLICE, NEYYATINKKARA. 4. THE CIRCLE INSPECTOR, VIZHINJAM. 5. THE SUB INSPECTOR OF POLICE, VIZHINJAM, THIRUVANANTHAPURAM. 6. BINDU, BINDU NIVAS, MAKKOLLATHU LANE, SHORNUR P.O., PALAKKAD. R1 TO R5 BY GOVERNMENT PLEADER SMT. M.K. PUSHPALATHA. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 05/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL.). NO.521/2009-S: APPENDIX PETITIONERS' EXHIBIT: EXT.P.1: COPY OF THE COMPLAINT DT. 02/12/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. = = = = = = = = = = = = = = IA.No.3226 of 2010 & WP(Crl.).No.521 of 2009-S. = = = = = = = = = = = = = = Dated this the 5th day of March, 2010. J U D G M E N T Thottathil B.Radhakrishnan, J. The petitioner's son Dileep is allegedly missing since 11.9.2009. The petitioner's version is that he is under the illegal detention of one Nisha, who is not a party to this writ petition. He would, however, say that Nisha is under the cover of the 6th respondent Bindu. This writ petition is filed seeking a direction to the respondents to produce the body of Dileep. However, when notice issued to Bindu is returned with the endorsement 'not known', the petitioner filed the above IA with a request to delete the name of the 6th respondent Bindu from the party array. If such an order IA.No.3226/10 & WP(Crl.).No.521/09. -: 2 :- is issued, the writ petition would be essentially infructuous because, the petitioner has no case that Dileep has been detained by the police or State of Kerala, who alone would remain as parties to this writ petition. 2. The learned counsel for the petitioner submits that as per the statement of police officers, some money transactions were being passed through Nisha, who is under the coverage of the 6th respondent Bindu. It appears from the pleadings that certain warrants were issued by the CRPF against Dileep since he is an absconder. Since it is stated that an arrest warrant has been issued from the Battalion of CRPF 177, Barramulla District, Jammu & Kashmir, it may be the case where Dileep is making himself scarce in the light of that arrest warrant. Either way, the facts do not generate any need for this Court to further probe into the matter. 3. Hence rejecting IA.No.3226/2010, it is ordered IA.No.3226/10 & WP(Crl.).No.521/09. -: 3 :- that respondents 1 and 2 will do the needful to have an effective investigation in the matter, in accordance with law. The writ petition is disposed of as above. THOTTATHIL B.RADHAKRISHNAN (JUDGE) P.S.GOPINATHAN (JUDGE) Kvs/-