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2022 Supreme(Online)(KER) 45255
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN &
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943 WP(CRL.) NO. 315 OF 2021 PETITIONER:
SAJITHA SAJEEVAN, AGED 50 YEARS, W/O SAJEEVAN, PORIYANTEPARAMBIL HOUSE, THOTTAPPALLY.P.O, ALAPPUZHA DT. PIN-688561.
BY ADVS.
SONU AUGUSTINE V.PRAVEEN RESPONDENTS:
1 STATION HOUSE OFFICER, AMBALAPUZHA POLICE STATION, ALAPUZHA DISTRICT, PIN-688561.
2 SUPERINTENDENT OF POLICE, ALAPUZHA, ALAPUZHA DISTRICT PIN-688524.
3 DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM PIN-695010.
4 GOVERNMENT OF KERALA REPRESENTED BY SECRETARY, DEPT OF HOME, SECRETARIATE, THIRUVANANTHAPURAM PIN-695001.
5 ADDL. SOMAN SOUGHT TO BE IMPLEADED 6 ADDL. SATHYADAS SOUGHT TO BE IMPLEADED 7 ADDL. RAJEEVAN SOUGHT TO BE IMPLEADED
8 ADDL. MURALI SOUGHT TO BE IMPLEADED 9 ADDL. SREEKUMAR SOUGHT TO BE IMPLEADED BY ADVS.
SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR DIRECTOR GENERAL OF PROSECUTION OTHER PRESENT:
SRI.E.C.BINEESH – GP THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
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W.P(Crl.)No. 315 of 2021 ---------------------------------------
Dated this the 25th day of January, 2022
['SONU AUGUSTINE', '', 'V PRAVEEN', 'SHRI P NARAYANAN', 'ADDL PUBLIC PROSECUTOR', '', 'DIRECTOR GENERAL OF PROSECUTION']
JUDGMENT
Jayachandran, J.
The petitioner, is the wife of one Mr.Sajeevan, who was missing since 29.09.2021. She seeks issuance of a writ of Habeas Corpus, directing production of her husband before the Court, as also, to set him at liberty. The petitioner would allege that her husband Sajeevan is a fisherman and is active in a rebel faction of Puthoppu Branch Committee of the political party CPI(M). There exists serious difference of opinion between official faction and the rebel faction. The petitioner would also submit that her husband was actively involved in the protests against the mining activities of minerals, at Thottapaly spill-way. According to the petitioner, her husband has been abducted by members of the official faction.
2. Learned Government Pleader submitted a statement on 29.11.2021, reporting the progress of investigation in the Crime No.836 of 2021, of Ambalappuzha Police Station, registered in connection with the missing of the petitioner's husband. On 04.01.2022, we directed the learned Government Pleader to file a statement regarding the stage of investigation. Accordingly, the Investigating Officer in charge filed a report dated 11.01.2022, wherein the details of investigation as regards the various possibilities regarding the missing of the petitioner's husband has been narrated and discussed in detail. Ultimately, the investigating team is of the opinion that the petitioner's husband, who used to swim across the sea mouth opening, to access his home easily, would have been carried away. The report concludes by stating that the investigation is going on, more persons are to be questioned and more unidentified bodies are to be analysed and subjected to DNA profile.
3. In the state of affairs above referred, we are of the opinion that no purpose is served by keeping the present writ petition pending. The specific apprehension raised by the petitioner has been investigated thoroughly and ruled out, as of now, as per the report dated 11.01.2022. The investigation team apprehends possibility of the husband of the petitioner having been swept away by the currents. The investigation has not been concluded and the same is going on.
In the circumstances, we close this writ petition, with a direction to the Investigating Officer in the subject crime to proceed with the investigation diligently, so as to reach a logical conclusion. The 2nd respondent will supervise the investigation and its progress. When the missing person is traced out, the person shall be produced or the factual report filed before the jurisdictional Magistrate.
Sd/-
K.VINOD CHANDRAN JUDGE
