The court has the power to transfer the investigation of a missing person case to the Central Bureau of Investigation (CBI) if it is satisfied that a more effective investigation can be conducted by the CBI.

Petitioners are the wife and son of one Sasankan K, who is stated to be missing from 27.11.2023. The aforesaid Sasankan K was working in the GREF Unit in Arunachal Pradesh. It is stated that following the grant of leave from 09.11.2023 to 06.02.2024, the aforesaid Sasankan left his place of employment at Arunachal Pradesh on 08.11.2023 and he was dropped at the railway station to enable his journey to Kerala. On 27.11.2023, the 1st petitioner received information from the Platform Inspector, Southern Railway, Chennai that two pieces of luggage of the aforesaid Sasankan are in their custody and the same was found unattended at Platform No.3 of Chennai Central Railway Station. Thereupon the 1st petitioner’s brother reached Chennai and received the luggage. The petitioners thereafter filed a man missing complaint before the 8th respondent. Though Ext.P3 crime was registered, the 8th respondent has been unable to trace out the aforesaid Sasankan and according to the petitioners, little or no progress has been achieved by the 8th respondent. It is in such circumstances that the petitioners have approached this Court seeking the following reliefs:-

“1) to issue a writ in the nature of Habeas Corpus or any other appropriate writ, order or direction, commanding and compelling the respondents to produce of the body of the detinue "Sasankan K., aged 58 years, s/o. Kunjukunju of Sree Bhavanam, Angadickal (South) P.O., Koduman, Adoor, Pathanamthitta District - 691 555" husband of 1st petitioner and father of 2nd petitioner before this Hon'ble Court forthwith;

2) to issue a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding and compelling the 2nd respondent to pass orders and take over investigation of Ext.P3 - Cr. No. 0665 of 2023 of Kodumon Police Station in Pathanamthitta District.”

2. The learned Government Pleader refers to the statement filed in this Court and contends that every effort was taken by the 8th respondent to trace out the whereabouts of the aforesaid Sasankan. It is submitted that the enquiries by the 8th respondent revealed that the aforesaid Sasankan had boarded a train to Chennai from Bhubaneswar and only the luggage reached Chennai. It is submitted that between Bhubaneswar and Chennai, the train on which the aforesaid Sasankan had passed through five different states and therefore, further time may be required to conclude the investigation.

3. Smt.T.C.Krishna, the learned Central Government Counsel appearing for respondents 1, 2, 3 and 5 would refer to the statement filed in this Court and submit that the GREF personnel had also conducted certain enquires but the whereabouts of the aforesaid Sasankan could not be traced out.

4. The learned counsel appearing for the petitioners would submit that in the facts and circumstances of the case it is only appropriate that the investigation of the case be entrusted with the Central Bureau of Investigation as the 8th respondent may not be in a position to conduct a proper investigation. He submits that the writ petition may therefore be disposed granting the 2nd relief sought for in the writ petition.

5. Heard Sri.K.P.Satheesan, the learned Senior Counsel appearing for the 4th respondent also.

6. Having regard to the facts and circumstances of the case and considering the fact that a more effective investigation can be conducted by the 4th respondent in the facts and circumstances narrated above, this writ petition is disposed of directing that Crime No.665 of 2023 of Kodumon Police Station, Pathanamthitta District shall be transferred for investigation to the Central Bureau of Investigation. The 8th respondent shall forthwith hand over the entire records relating to Crime No.665 of 2023 of Kodumon Police Station, Pathanamthitta District to the Superintendent of Police, Central Bureau of Investigation, Thiruvananthapuram. The 6th respondent shall ensure that necessary assistance is extended to the Superintendent of Police, Central Bu