IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 85 of 2010(S)
1. KURIAN @ KURIAKOSE,S/O.JOSEPH,
... Petitioner
Vs
1. THE STATE OF KERALA REP.BY THE
... Respondent
2. THE DIRECTOR GENERAL OF POLICE,
3. THE SUPERINTENDENT OF POLICE,
4. THE CIRCLE INSPECTOR OF POLICE,
5. THE SUB INSPECTOR OF POLICE,
6. SABU,AANJILYMOOTTIL,NEDUMPARAMBU.P.O,
7. VARKEY,KOOVATHOTTATHIL,VELLIYODE,
8. KAKKIYOTTUMMEL ASHOKAN,
For Petitioner :SRI.C.R.SIVAKUMAR
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :02/07/2010
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P(Crl.) No.85 of 2010
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Dated this the 2nd day of July, 2010
JUDGMENT
BASANT, J.
Investigating Officer has filed a statement. The statement
shows that the investigation has now revealed that the alleged
detenu is no more. He has allegedly been murdered. The
accused has already been arrested. Investigation is in progress.
Final report will be filed shortly in Crime No.158 of 2010 of
Kannavam Police Station. The learned Government Pleader
submits that, in these circumstances, this petition for issue of a
writ of habeas corpus may now be closed recording the above
facts.
2. The learned counsel for the petitioner accepts the
submission of the learned Government Pleader. It having been
reported to this Court and accepted by both sides that the
alleged detenu is no more, we are satisfied that this petition for
issue of a writ of habeas corpus to search for, trace and produce
the alleged detenu need not now continue.
3. This Writ Petition is, in these circumstances,
dismissed as agreed.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
rtr/
R.BASANT & M.C.HARI RANI, JJ.
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W.P(Crl.) No.85 of 2010
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Dated this the 17th day of May, 2010
ORDER
The petitioner has filed this application for issue of a writ of
habeas corpus to search for, trace and produce the alleged
detenu, his nephew-Sinoj, the alleged detenu’s father having
expired earlier. The alleged detenu has been missing from
12.08.2009. It is the petitioner’s grievance that no serious
efforts have been made by the police officers, ie. respondent
Nos.1 to 5 to trace the alleged detenu.
2. This petition was filed as early as on 08.03.2010. The
learned Government Pleader only submits that proper
investigation is in progress. But the alleged detenu has
admittedly not been traced so far.
3. We are, in these circumstances, satisfied that specific
directions must be issued to respondent Nos.1 to 5. The
Investigating Officer shall make all efforts to trace the alleged
detenue within a period of one month from this date. The 2nd
respondent, the Director General of Police, shall ensure that the
needful is done in the matter within such period.
W.P(Crl.) No.85 of 2010 – 2 –
4. Call this petition again on 28.06.2010. If by that date
the alleged detenue has not been traced or his fate ascertained,
the Investigating Officer shall file a report about the steps taken
and the progress achieved. He shall appear in person before this
Cout on that day with the case diary.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
rtr/