The judgment emphasizes the need to protect the fundamental rights of missing persons, especially if they are capable of taking care of themselves, and highlights the right to life guaranteed under Article 21 of the Constitution of India.

1. The above petition has been filed by a girl, who is working as a Programme Coordinator and Radio Jockey in Radio Mango, Thrissur. On a complaint filed by her father that she is missing the police has registered a crime under the caption ‘man missing’. Now, she has filed the above petition stating that she is in love with one Najil C. Manuel, who is working with her, and they have decided to marry and live as husband and wife. They have already submitted an application for conducting their marriage before the Marriage Officer at Maradu, Ernakulam to solemnize and register their marriage under the Special Marriage Act, is her further case. The limited prayer canvassed in the petition is to issue a direction to the Judicial First Class Magistrate Court, Thrissur to record her statement on her appearance before him, and thereafter permit her to go with any person of her choice. The aforesaid magistrate has jurisdiction to take cognizance of the crime numbered as Crime No.1096 of 2012 registered by the police, is her case.

2. After getting instructions, the learned Public Prosecutor submits that no harassment or intimidation will be meted out to the girl even if she is traced out and detained by the police. She will be certainly produced before the Magistrate within no time, is the further submission of the learned Public Prosecutor. The learned counsel for the petitioner would submit that if she is taken into custody by the police, there is every possibility of handing her over to her father, who is stated to be a very influential person. In such a situation, according to the counsel, she will be put to serious trouble.

3. Previously, there was no statutory provision enabling the police to register a crime in a case of man missing. This Court had occasion to consider the question whether it is proper to register a crime on a complaint of man missing when it does not by itself involve any offence. Having regard to the need for acting upon such complaint and in taking appropriate action to trace out the person, who is stated to be missing, this Court has observed in Jose v. State of Kerala (1983 KLT 234) that it is appropriate and more so necessary that when a complaint is raised over the missing of a person a crime has to be registered under the caption ‘man missing’ and the police has to take necessary steps to trace out such person. Now, under Section 57 of the Kerala Police Act, 2011, statutory recognition has been given for registration of the crime on information over missing of a person in a manner similar to the procedure prescribed for a cognizable offence and then for taking immediate action to locate the missing person, provided, such information gives rise to reasonable suspicion that such person is missing and there are circumstances to believe that the missing person is in danger or not under the protection of lawful guardianship or such person may be subjected to some dangerous offence or such person is absconding himself to prevent someone from implementing a lawful right declared by any court. When the statutory provision specifically empowers the police officer to register the information over the missing of the person under the circumstances referred to above in the manner prescribed for a cognizable offence, it follows that such information has to be recorded as under Section 154 of the Code of Criminal Procedure, for short, the ‘Code’ and a crime has to be registered though no offence is made out and no accused person is to be proceeded with. Having regard to sub section (5) of Section 57 of the Police Act, it cannot be stated that there is no basis for the apprehension entertained by the petitioner that in the event of the police apprehending her she is likely to be handed over to her father and that too against her wishes. Sub section (5) of Section 57 of the Police Act would state that if the missing person is traced out then the police shall forthwith hand over him/her to the responsible guardian