IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 307 of 2007(S)
1. GEORGE VIPIN, S/O.K.P.PAULOSE,
... Petitioner
Vs
1. MOLLY JOSEPH, W/O.BABY,
... Respondent
2. SUB INSPECTOR OF POLICE,
3. CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.SHAIJAN C.GEORGE
For Respondent :SRI.PEEYUS A.KOTTAM
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :23/02/2010
O R D E R
Thottathil B.Radhakrishnan
&
P.S.Gopinathan, JJ.
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W.P(Crl.)No.307 of 2007-S
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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