The police must continue investigations into missing persons and cannot indefinitely classify cases as undetected.

JUDGMENT :

This WP(Crl) has been filed for the following prayers.

i “I Issue a writ of mandamus or such other Writ, Order or direction directing the 1^st respondent to hand over the investigation to the 2^nd respondent for a proper and effective investigation.

ii To issue a writ of mandamus or such other Writ or order directing the 3^rd respondent to entrust the investigation of the FIR in Crime No.62/2000 of Koratty police station to any high level team of investigative agency untramelled by the observations and findings so far arrived at.

iii To grant such other reliefs that are deemed fit and proper in the interest of justice.”

2. The father of the petitioner is missing from the year 2000 onwards and the grievance of the petitioner is that there is no proper investigation about the same. Initially, the local police investigate the matter and referred the case as ‘undetected’. Subsequently, the investigation was hand over to Crime Branch and they also filed a report as ‘undetected’. According to the petitioner the attempt of the police is to create an impression that the father of the petitioner absconded himself to escape from the criminal liability of cheating. The petitioner approached the Magistrate Court and further investigation was ordered. Even then there was no response. The protest complaint filed by the petitioner was dismissed and revision filed against the same was also dismissed. Subsequently, the petitioner submitted an application to point the doubts, discrepancies, mistakes etc to the investigating agency. Exts.P16 and P17 reports were submitted to the State Government in which it is reported that an investigation by the 2^nd respondent, CBI can be ordered to protect the interest of the petitioner is the submission. But the first respondent has not taken any decision is the grievance of the petitioner. Thereafter, no steps are taken. Hence, this writ petition.

3. The petitioner appeared in person. I also heard the learned Public Prosecutor.

4. Admittedly, the father of the petitioner is missing, It is also an admitted fact that the police authorities referred the case as ‘undetected’. If a man is missing, it is the duty of the police authorities to continue the investigation. It cannot be closed as undetected indefinitely. It reveals in the writ petition that the case was investigated by the Crime Branch police, Thrissur. I am of the considered opinion that the Case Diary in the above case should be summoned by the additional 7^th respondent and after perusing the same, he should do the needful to continue the investigation in accordance with law. The decision taken by the Additional 7^th respondent should be communicated with the petitioner within a time frame.

The writ petition is disposed of the following directions;

1. The Additional 7^th respondent will summon the case diary from the officer concerned within two weeks from the date of receipt of copy of this judgment.

2. Once the case diary is received the Additional 7^th respondent will look into the same and hear the petitioner and thereafter take appropriate decision in accordance with law to continue the investigation.

3. The decision taken shall be communicated with the petitioner within two months from the date of receipt of copy of this judgment.