IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(Crl.).No. 431 of 2010(S) ---------------------------------- PETITIONER(S): ------------------- MYRTLE CHARLES PEREIRA, AGED 55 YEARS, D/O. GRACY PEREIRA, KANNETTUVILAKAM, PUTHUKURICHY, THIRUVANANTHAPURAM. BY ADV. SRI.K.P.SUJESH KUMAR RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM-695 001. 3. THE CIRCLE INSPECTOR OF POLICE, KADINAMKULAM, THIRUVANANTHAPURAM-695 014. 4. THE SUB INSPECTOR OF POLICE, KADINAMKULAM, THIRUVANANTHAPURAM-695 014. R1 TO R4 BY SRI.C.M.KANNAPPAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(CRL). NO. 431/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.260/2010 DATED 06/10/2010 OF KADINAMKULAM POLICE STATION. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ------------------------------------------- WP(Crl.) No.431 of 2010 ------------------------------------------- Dated this the 7th July, 2011 JUDGMENT Thottathil B.Radhakrishnan, J The petitioner sought relief regarding her complaint that investigation into a case of man missing registered by the Attingal Police in re Mary Sujatha Joy, the daughter of the petitioner is not progressing appropriately. We see that the petitioner's daughter was married and her husband is working abroad, going by the petitioner's pleadings. We do not find any allegation in the wit petition of any illegal detention which would generate the cause of action for sustaining a request for the issuance of a writ in the nature of habeas corpus. In fact the petitioner has also not pleaded that her daughter is in illegal detention. All that she says is that the investigation is not properly focused. With the passage of time from the date of registration of the FIR on 6.10.2010 followed by the institution of this writ petition on 3.11.2010, different materials have been placed on record WP(CRL.)NO.431/2010 2 by way of statements on behalf of the investigating agency. That discloses that the investigators are taking fair deal of effort including by utilising scientific methods to carry forward the investigation. It is submitted that certain E-mail I.D.s' have been traced. Certain statements given by some of the persons who were questioned are reportedly of such quality that they do not inspire confidence. It appears that the investigating agency has also some suggestion to consider going in for lie detection test. 2. With all the aforesaid, what is needed is that the investigation should be properly focused and carried on vigorously. Having regard to the nature of the case, the Deputy Superintendent of Police, Attingal who is carrying out the investigation under the supervision of the Superintendent of Police, Thiruvananthapuram, (Rural) is therefore directed to carry out the investigation in accordance with law and without creating room for any complaint as to delay. We are satisfied that if at all the petitioner needs any further orders, she can move the jurisdictional magistrate, that is to say, the Judicial Magistrate of the First Class, Attingal, having regard to the WP(CRL.)NO.431/2010 3 law laid by the Apex Court in Sakiri Vasu v State of U.P. and others (2008(2) SCC 409). 3. The office will communicate a copy of this order along with copies of the different memos and materials presented by the learned Government Pleader in this writ petition to the Judicial Magistrate of the First Class, Attingal, so that such material will be available at that end in the event of the petitioner moving that court for any order. The writ petition is ordered accordingly. sd/- THOTTATHIL B.RADHAKRISHNAN JUDGE sd/- K.SURENDRA MOHAN JUDGE /true copy/ P.S.TO JUDGE css/