High Court Kerala High Court

Nirmala vs State Of Kerala on 15 February, 2010

Kerala High Court
Nirmala vs State Of Kerala on 15 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(Crl.).No. 229 of 2007(S)


1. NIRMALA, W/O. GIBSON, ELAYIL VEEDU,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. DIRECTOR GENERAL OF POLICE,

3. SUB INSPECTOR OF POLICE,

4. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.NAGARAJ NARAYANAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :15/02/2010

 O R D E R

Thottathil B.Radhakrishnan

&

P.S.Gopinathan, JJ.

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

W.P.(Crl.).No.229 of 2007-S

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

Dated this the 15th day of February, 2010.

Judgment

Thottathil B.Radhakrishnan, J.

Read the different orders passed earlier in this

case.

The petitioner states that her husband is missing

since 27.6.2006. On the basis of an FI Statement,

Crime No.42/2006 was registered by the

Vilappilsala Police. The different statements on

record show that investigation is going on. The

investigations appear to have revealed that the

alleged detenue had also certain criminal cases

against him even on counts of cheating etc.

Whatever that be, the allegations in the writ

petition referable to the so-called activities of

WPCR229/07 -: 2 :-

the alleged detenue against liquor lobbies, do not

generate confidence to issue any direction to the

State police or the State Government to produce the

body of the alleged detenue. There is no allegation

that the said person is in the illegal custody of

the State police or State Government. No other

person is on the array. The investigation has

revealed certain links or certain leads for

continuing the investigation. The statements show

that investigation is progressing. Polygraph test

and other investigation tests have been resorted to.

As of now, we do not find any ground to issue a writ

in the nature of habeas corpus. This writ petition

is accordingly dismissed without prejudice to the

petitioner raising any complaint if she has, as

against the investigation, with the progress of time

before the appropriate court in accordance with law.

Thottathil B.Radhakrishnan,
Judge.





                                 P.S.Gopinathan,
 Sha/1602                            Judge.