IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WP(C).No. 2786 of 2011(W) ---------------------------------------- PETITIONER(S): ------------------------- ELSY POULOSE, AGED 45 YEARS, W/O. P.P.POULOSES, PUTHENPURAYIL (PAREEKAL) HOUSE, KODUVELLI.P.O., THODUPUZHA,IDUKKI-685 581. BY ADVS. SRI.JIMMY GEORGE, SRI.C.ANILKUMAR (KALLESSERIL), SRI.M.JOSE ANTONY. RESPONDENT(S): --------------------------- 1. DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, NEW DELHI - 110 001. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 3. DIRECTOR GENERAL OF POLICE, GOVERNMENT OF KERALA, POLICE HEADQUARTERS, THIRUVANANTHAPURAM - 695 001. 4. SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001. 5. SUB INSPECTOR OF POLICE, KARIMANNOOR POLICE STATION, THODUPUZHA - 688 584. 6. CIRCLE INSPECTOR OF POLICE, KALIYAR POLICE STATION, THODUPUZHA - 685 584. R1 BY ADV. SRI.P.CHANDRASEKHARAN PILLAI (VENNELA) R2 TO R6 BY GOVERNMENT PLEADER SMT. M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C). No.2786 of 2011 -------------------------------------- Dated this the 28th day of March, 2011. JUDGMENT Petitioner’s husband, Poulose, a Police Constable at Thankamani Outpost is said to be missing from 01.01.2011 at 6 .30 p.m.. Respondent No.5 registered a case (Ext.P1 is the FIR). Ext.P2 is a notice published by the Police with photograph of the allegedly missing Police Constable seeking information about him by those who have occasion to see him. Grievance of petitioner is apart from Ext.P2, no investigation is conducted. Hence it is prayed that investigation may be handed over to the Central Bureau of Investigation (for short, “the CBI”). Learned Public Prosecutor submitted that a special team led by the Deputy Superintendent of Police, Crime Detachment, Idukki is constituted for investigation of Crime No.1 of 2011 of Karimannur Police Station and that investigation by that team is being continued. I have heard learned counsel for petitioner, learned Public Prosecutor and the learned Standing Counsel for CBI. 2. Learned Standing Counsel for CBI submits that having regard to the facts and circumstances of the case this is not a fit case to hand over investigation to the CBI. Learned counsel for petitioner would submit that investigation is not proceeding in the correct line and it is necessary to entrust the investigation to CBI. But having regard to the nature of the case and surrounding circumstances I am not inclined to think that the case has to go to WP(C)No.2786/2011 2 CBI for investigation. Hence that request cannot be allowed. 3. It is submitted by the learned Public Prosecutor that investigation is being conducting by a team headed by the Deputy Superintendent of Police, Crime Detachment, Idukki from 24.02.2011 onwards. The Circle Inspector of Police, Kaliyar (respondent No.6) has filed a statement. In that statement it is submitted that the allegedly missing Constable was absent from official duty from 30.12.2010 while he was working at Thankamani Outpost and that he had left for his house on getting verbal permission from the Assistant Sub Inspector in charge of the Outpost. It is stated that the Newspapers have reported about his missing. Investigation is being continued by a special team headed by the Circle Inspector of Police and consisting of an Assistant Sub Inspector and two Head Constables attached to the Thodupuzha and Karimannur Police Stations . 4. As per submission of the learned Public Prosecutor, now the investigation is being continued by a team led by the Deputy Superintendent of Police, Crime Detachment, Idukki. There is no reason to change the investigation to any other agency at this stage. Resultantly without prejudice to the right of petitioner to approach the appropriate forum later if circumstances warranted that, this petition is closed. THOMAS P.JOSEPH, Judge. cks