High Court Kerala High Court

George Vipin vs Molly Joseph on 23 February, 2010

Kerala High Court
George Vipin vs Molly Joseph on 23 February, 2010
       

  

  

 
 
  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.

= = = = = = = = = = = = = = = = = = = = = = = =

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