1. Petitioner complained to the jurisdictional police that his wife is missing. Police does not dispute that Ext.P2 was issued to him acknowledging receipt of that complaint. Their version is that on the date of receipt of that complaint, the petitioner’s wife came to the police station with another woman, Sathikumari; that on counseling by the police, it appeared that the petitioner’s wife is not happy with him and wants to live apart. According to the police, they, therefore, let her go with the aforesaid Sathikumari. Whatever be the impression gathered by the police officers on their interaction with the petitioner, his wife and Sathikumari; we are unable to accept that the course of action adopted by the police was in accordance with law. On the face of the petitioner’s complaint that a person is missing, what would have happened to the police in connection with that acknowledged reporting of a person missing, if the petitioner’s wife cannot be traced thereafter? Why should the uniformed police face such a situation?

2. Section 57 of the Kerala Police Act, 2011, for short, “the Act”, prescribes the action to be taken when an information is received that a person is missing. That provision reads as follows:

“57. Police to attempt to locate missing persons.- (1) Whenever a station House Officer, receives any information from which he reasonably suspects that any person is missing and there are circumstances to believe that,-

(a) such person is in danger or not under the protection of lawful guardianship; or

(b) such person may be subjected to some dangerous offence; or

(c) such person is absconding himself to prevent someone from implementing a lawful right declared by any Court, such officer shall register the information in a manner similar to the procedure prescribed for a cognizable offence and take immediate action to locate the missing person.

(2) During such enquiries such officer or any officer deputed by him may examine and record the statement of any witness and search any place.

(3) All persons shall answer truthfully to any question by a Police Officer enquiring this matter and a copy of such statement recorded by that officer shall be given to the witness and after getting such copy, the witness shall sign and acknowledge that such copy has been received.

(4) All searches under this section shall be done in accordance with the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

(5) The missing person if found on enquiry shall forthwith be handed over to the responsible guardian or produced before the Magistrate having jurisdiction.

(6) Where the person so produced is a woman or a child the Magistrate shall take such steps as are needed to safeguard the privacy and interest of that person.”

3. In terms of sub-section 1 of section 57 of the Act, it is obligatory that the information regarding the missing of a person shall be registered in a manner similar to the procedure prescribed for a cognizable offence. Immediate action hast to be then taken, to locate the missing person.

4. The application of mind that may be called for as a prelude to the registration of the information in terms of sub-section 1 of section 57 of the Act is only to ascertain, from the information given, as to whether there are circumstances to believe the existence of any of the Situations enumerated in clauses (a), (b) & (c) of sub-section 1 of section 57 of that Act. In some exceptional cases, there could also be circumstances which may not fall squarely under clauses (a) to (c) of sub-section 1 of section 57 of the Act. The enumeration of the three clauses, (a), (b) & (c), in sub-section 1 of section 57 of the Act is made only to indicate that if there are any circumstances to believe that any of those situations exists, the information has to be registered. They are the situations, legislatively conceived; but not exhaustive. It depends on the wisdom of the police. A police officer may see zones b