High Court Kerala High Court

John Manjooran vs The State Of Kerala on 23 June, 2009

Kerala High Court
John Manjooran vs The State Of Kerala on 23 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(Crl.).No. 186 of 2009(S)


1. JOHN MANJOORAN, AGED 55 YEARS,
                      ...  Petitioner

                        Vs



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

2. THE SUPERINTENDENT OF POLICE

3. THE CIRCLE INSPECTOR OF POLICE,

4. THE RELIANCE COMMUNICATIONS,

5. THE IDEA CELLULAR LTD., REPRESENTED BY

                For Petitioner  :SRI.A.JAYASANKAR

                For Respondent  :SRI.V.G.ARUN

The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :23/06/2009

 O R D E R
                           R.BASANT &
                      M.C.HARIRANI, JJ.
                    * * * * * * * * * * * * *
                    W.P.(Crl).No.186 of 2009
                   ----------------------------------------
               Dated this the 23rd day of June 2009

                         J U D G M E N T

The learned counsel for the petitioner submits that the

alleged detenu, the son of the petitioner, an adult major student

aged 19 years has subsequent to the filing of this writ petition

returned to his parents and in these circumstances no further

directions are necessary in this writ petition.

2. We accept the request of the learned counsel for the

petitioner and this writ petition is dismissed as unnecessary

under the present circumstances.

R.BASANT, JUDGE)

(M.C.HARIRANI, JUDGE)
jsr

W.P.(Crl)No.186/09 2

O R D E R

BASANT,J

The petitioner in this writ petition complains of the

mysterious disappearance of his son, a first year B.Tech student

aged 19 years with effect from 07/05/2009, on which date, there

was a call to observe a Harthal. He had left his house in a motor

cycle and has not been heard of thereafter. The motor cycle or

the son of the petitioner have not been traced so far. The

petitioner apprehends that some anti social elements may have

detained the petitioner’s son though he is unable to narrate any

specific reasons for such conduct of any person. By order dated

15/5/2009, respondents 4 and 5 were directed to help the police

to trace the missing person by furnishing details of the calls

made by him from two cell phones, which he was having at the

relevant time. It is submitted that the requisite information has

already been furnished and the 3rd respondent is in possession of

such information. Third respondent prays for further time to

verify details and make detailed submissions.

2. The boy has been missing from 07/05/2009. F.I.R has

been registered on 09/05/2009 under the caption ‘man missing’.

Police must certainly show a greater sense of urgency and

expedition to trace the missing person and produce him before

W.P.(Crl)No.186/09 3

court. More than 15 days have elapsed and no specific clue is

gathered so far. We do, in these circumstances, feel that specific

directions must be issued to the 2nd respondent to oversee and

monitor the investigation personally and produce tangible

results by the next date of posting.

3. Call this petition again on 08/06/2009. The 2nd

respondent is directed to personally oversee and monitor the

investigation. If the missing person is traced, he shall forthwith

be produced before the learned Magistrate having jurisdiction.

If he is not traced by the next date of posting, the 2nd respondent

shall file a statement before this court explaining the steps taken

and the stage of investigation.

Call on 08/06/2009.

(R.BASANT, JUDGE)

(M.C.HARIRANI, JUDGE)
jsr

W.P.(Crl)No.186/09 4

W.P.(Crl)No.186/09 5

R.BASANT &C.T.RAVIKUMAR, JJ.

.No. of 200

ORDER/JUDGMENT

06/02/2009