IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(CRL.).NO. 448 OF 2008(S) ----------------------------------------- PETITIONER(S): ----------------------- E.M.SULAIKHA, W/O.USMAN HAJI, AGED 45 YEARS, THAZHATHEYIL HOUSE, OZHUKUR, KONDOTTY, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SMT.M.T.SHEEBA SRI.P.A.RAJESH SRI.K.RAKESH RESPONDENT(S): -------------------------- 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, KONDOTTY, MALAPPURAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION, MALAPPURAM DISTRICT. 4. POTTAMMAL AYAMUTTY, ARIMBRA PALATHINGAL, ARIMBRA,MONGAM, MALAPPURAM DISTRICT. 5. ODAKKAL HASSANKUTTY, S/O.MUHAMMEDKUTTY MASTER, ARIMBRA, MONGAM, MALAPPURAM DISTRICT. 6. FAIZAL, S/O.ABU, PUTHOORKATTU HOUSE, KURIYEDAM, AIKKARAPADY, MALAPPURAM DISTRICT. 7. K.C.MUHAMMED, S/O.ABDU RAHIMAN HAJI, CHUNDAKKATTU PALLIYALI HOUSE, OZHUKUR, MALAPPURAM DISTRICT. ADV. SRI.P.VIJAYA BHANU FOR R4 TO 7 SRI.P.VENUGOPAL (1086/92) FOR R4 TO R7 BY PUBLIC PROSECUTOR SHRI JAI GEORGE THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO. 448 OF 2008 ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE DETENU DATED 19.11.2008 TO THE FIRST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE D.I.G. KOZHIKODE DATED 27.11.2008. RESPONDENTS' EXHIBITS: NIL ------------------------------------- A.K. BASHEER & THOMAS P.JOSEPH, JJ. = = = = = = = = = = = = = = = = = = = = = = = = = = WP(CRL.) No.448 of 2008 = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 28th day of January, 2009 J U D G M E N T ---------------------- Basheer, J. Learned counsel for the petitioner submits that he has not been able to keep in touch with his client in spite of earnest efforts. Resultantly, he could not communicate the order passed by this Court on January 23, 2009 directing the petitioner to appear before the Investigating officer and furnish photograph of her husband and other relevant documents to enable the investigating agency to make a headway in the investigation. 2. However, learned Public Prosecutor submits that the Investigating officer has managed to get the passport details of the alleged detenu from the Regional Passport Office, Kozhikode and the investigation is in progress. 3. Learned counsel for the petitioner submits that in the present senario this Writ Petition need not be kept pending. He only prays that appropriate direction may be issued to the investigating agency to complete the investigation without any delay. 4. In our view, the above submission is only just and proper. Hence there will be a direction to the investigating agency to complete W.P(CRL.) No.448 of 2008 -: 2 :- the investigation in the man missing case (Crime No.889 of 2008, Kondotty Police Station) expeditiously. The investigating agency shall produce the missing person before the jurisdictional Magistrate as soon as he is traced out. Writ Petition is closed with the above directions. A.K. BASHEER, JUDGE. THOMAS P.JOSEPH, JUDGE. vsv