IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(Crl.).No. 307 of 2007(S) -------------------------------------- PETITIONER(S): ------------------------- GEORGE VIPIN, S/O.K.P.PAULOSE, AGED 56 YEARS, KANJIRAKATTU HOUSE, P.O.PERINGALA, ERNAKULAM. BY ADVS.MR.SHAIJAN C.GEORGE SMT.S.A.SHERLY SMT.SAJITHA GEORGE RESPONDENT(S): ---------------------------- 1. MOLLY JOSEPH, W/O.BABY, AGED 42 YEARS, KOONTHANAM HOUSE, KAROOR, PALAI-NOW RESIDING AT KANJIRAKATTU HOUSE, EROOR KARA, TRIPUNITHURA. 2. SUB INSPECTOR OF POLICE, AMBALAMEDU POLICE STATION, KARIMUKAL. 3. CIRCLE INSPECTOR OF POLICE, TRIPUNITHURA. *ADDL. R4 TO R5 IMPLEADED. 4. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 5. SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADDL. R4 & R5 ARE IMPLEADED AS PER ORDER DT. 22.6.09 IN IA. 7431/09 IN WPCR. 307/2007. R1 BY ADV.MR.PEEYUS A.KOTTAM R2 TO R5 BY GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPCR. NO.307/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE MARRIAGE CERTIFICATE DTD. 15.12.07 ISSUED BY THE VICAR OF ST. MARY'S JACOBITE SYRIAN ORTHODOX CHURCH, MORAKKALA DTD. 15.12.07. P2:- COPY OF THE CHARGE IN CC. NO.361/04 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERY. P3:- COPY OF THE DOCUMENT NO.5115/04 OF SRO TRIPUNITHURA. P4:- COPY OF THE DOCUMENT NO.5967/04 OF SRO, PUTHENCRUZ. P5:- COPY OF THE COMPLAINT DTD. 18.11.07 BEFORE THE 2ND RESPONDENT. P6:- COPY OF THE PLAINT IN OS. NO.1378/07 OF MUNSIFF'S COURT, ERNAKULAM. P7:- COPY OF THE AGREEMENT DTD. 4.5.04 REGISTERED IN THE SRO VAIKOM. P8:- COPY OF THE FIXED DEPOSIT RECEIPT OF UNION BANK OF INDIA FOR RS. 3,00,000/-. P8(a):- COPY OF THE FIXED DEPOSIT RECEIPT OF UNION BANK OF INDIA FOR RS. 2,00,000/-. P8(b):- COPY OF THE FIXED DEPOSIT RECEIPT OF UNION BANK OF INDIA FOR RS. 2,00,000/-. P8(c):- COPY OF THE FIXED DEPOSIT RECEIPT FOR RS. 50,000/-. P9:- COPY OF THE TAX RECEIPT DTD. 4.6.07 ISSUED BY VILLAGE OFFICER,NADAMA. P10:- COPY OF THE STAMPED RECEIPT DTD. 1.1.06 CLAIMED TO BE A RENT AGREEMENT. TRUE COPY P.A. TO JUDGE tss Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P(Crl.)No.307 of 2007-S = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of February, 2010. Judgment Thottathil B.Radhakrishnan, J. This writ petition was filed on 2007 complaining that the father of the petitioner was missing from 2005 and that it is likely that he was illegally detained by the first respondent, who is stated to have been one engaged as a home nurse to take care of the petitioner's father. With nearly two years even after the writ petition, the investigation has apparently shown only that the alleged detenue is not with the first respondent and that he is not illegally detained by her. The learned Government Pleader states that the first respondent is now in Hyderabad. WPCR307/07 -: 2 :- With that, we do not think that a case of continued assertion that the alleged detenue is in the custody of the first respondent, is not warranted, as of now. Obviously, the State Police have not been able to reach at the person who is allegedly missing. He has not been traced alive or dead. He is stated to be wealthy. The petitioner is also unable to give any further lead to suggest that the investigation is not progressing in the proper directions. With this, all that is required as of now is that the concerned police officials would give whatever information the petitioner seeks in relation to the progress of the investigation and would continue with vigorous investigation in different angles as may be required on the basis of the progress that would be made in the case. If the petitioner, at a later point of time, comes to have any grievance about the lethargy in the investigation, he would be entitled to seek appropriate relief from the appropriate superior police authorities as also the courts. Without WPCR307/07 -: 3 :- prejudice to such course, this writ petition is closed directing the police to continue with the investigation appropriately in accordance with law. Thottathil B.Radhakrishnan, Judge. P.S.Gopinathan, Judge. Sha/2502