The court determined that cases involving multi-state investigations should be handled by central agencies like the CBI when local police are unable to proceed effectively.

JUDGMENT

The Writ Petition (Crl.) is filed seeking the following reliefs:

“i. Issue a writ of mandamus or other appropriate writ, order directing the 4^th respondent C.B.I to take over investigation of Crime No. 687/2023 of Changaramkulam Police Station, Malappuram District and further investigate the case to trace out the petitioner's son.

ii. Grant such other reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of the case and one to dispense the English translation of the vernacular documents produced herewith.”[SIC]

2. The petitioner is aggrieved by the investigation conducted in Crime No.687/2023 of Changaramkulam Police Station which was registered under Section 57 of the Kerala Police Act , 2011. The case was initiated based on a complaint filed by the petitioner on 11.07.2023. The petitioner's son, Jamsheer, aged 25 years old, holding Indian Passport No.V4109782 and Aadhar Card No: 611833340315, has been missing since April 2023. Jamsheer, a B.S.C. Electronics degree holder, had been working in Ernakulam and went to UAE on 13.11.2022 in search of employment on a visiting visa. Until 29.03.2023, he regularly communicated with the petitioner's home through phone calls and text messages through WhatsApp from his mobile phone is the submission. However, after 04.04.2023, all contacts ceased, and his mobile number was found switched off. On 06.04.2023, the petitioner's elder son received a WhatsApp message from Jamsheer's mobile number, composed in Malayalam but using English characters, claiming that he had been arrested at Nepal airport with 1.5 kilograms of gold and would be granted bail in a few days. Thereafter, it is submitted that the petitioner learnt from the UAE emigration department that Jamsheer left UAE on 22.03.2023 and arrived at Hyderabad airport on 23.03.2023. Subsequently, there was no updates is the submission. It is submitted that the son of the petitioner is missing for the last two years and no investigation is conducted by the police. According to the petitioner, he suspects foul play in the messages received and believes that his son is in trouble. It is also submitted by the petitioner that, attempts to contact authorities in Nepal is also in vain and there is no investigation, and the petitioner's concern is that his son may be under illegal detention. According to the petitioner, the delay in an effective investigation poses a serious risk to the son of the petitioner and therefore, the investigation is to be conducted by the Central Bureau of Investigation because the investigation is to be conducted in different States and in other countries also. The petitioner submitted complaints to the Chief Minister of Kerala, the Director General of Police, and other authorities, seeking a CBI investigation. But, there is no response. Hence, this Writ Petition (Crl.) is filed.

3. Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the CBI and the learned Public Prosecutor.

4. The Public Prosecutor submitted that Jamsheer's last location, as per the mobile phone tower location, is at Howrah in Kolkata. The jurisdiction of the Kerala police is limited and it will be better to entrust the matter to the CBI. Counsel for the petitioner submitted that it is a case that is to be investigated by the CBI.

5. This Court considered the contentions of the petitioner and the respondents. The son of the petitioner is missing for the last two years. The Kerala police is not able to proceed with the investigation because the incident happened outside the State. In the facts and circumstances of the case, I think the case is to be investigated by the 4^th respondent. Only the 4^th respondent can conduct an effective investigation in the matter because, according to the petitioner, his son was in Nepal and thereafter, he reached Hyderabad. But the Public Prosecutor says that his last tower location was at Howrah in Kolkata. Therefore, I am of the consid