The court directed a transfer of a missing person's case to the CBI for further investigation, highlighting procedural necessities and the importance of thorough inquiry.

JUDGMENT

Dated this the 19 th day of February, 2021 Jesna Maria James, a young girl of 20 years doing her IInd year B.Com, has been missing since

22.03.2018. According to her brother, the second petitioner herein, Jesna was at home when he and Jesna's father left for work at about 7.00 a.m. on

22.03.2018. But, when he returned by about 5.00 p.m in the evening, Jesna was not at home and did not reach back even by late night. All efforts to trace out the girl turned futile and thereupon, Jesna's father lodged a complaint at the Police Station, which resulted in a man missing case under Section 57 of the Kerala Police Act (Crime

No.201 of 2018) being registered at the Vechoochira Police Station on 23.03.2018. Later, an investigation team headed by the Inspector of Police, Ranni was constituted. The local police having failed to make any headway, the writ petition was filed seeking a direction to hand over the investigation to the CBI.

2. Pending the writ petition, the investigation was transferred to the CBCID vide order dated 24.09.2018 of the State Police Chief. On 02.11.2020, an interim direction was issued, requiring the Crime Branch to apprise this Court as to the outcome of the investigation so far conducted and as to whether further investigation is warranted or whether final report is to be submitted and the reasons for taking the said stand.

3. In compliance of the direction, a detailed additional statement has been filed by the Deputy Superintendent of Police, Crime Branch, Pathanamthitta. The statement reflects the sincere efforts taken by the Crime Branch to trace out the missing girl, but without success. In the concluding part, it is stated that, being the case of missing of a girl of tender age, the investigating agency is of the view that it is too early to take a decision regarding the completion of the investigation and to file report before the court as undetected. It is stated that it would be possible to gather evidence only through covert investigation, for which a further period of six months is required.

4. On 12.02.2021, this Court had requested the Assistant Solicitor General to go through the statement filed by the Crime Branch and to inform this Court as to whether the investigation could be handed over to the CBI.

5. According to the learned ASGI, the investigation so far conducted indicates of there being something serious and intriguing behind the missing of Jesna and also of interstate involvement. It is submitted that the CBI is willing to take over the investigation, if necessary infrastructural support is provided by the State Government. The fair and welcome submission of the learned ASGI is appreciated. The writ petition is hence disposed of with the following directions: (i) Respondents 1 and 2 are directed to hand over the case diary and all materials gathered during the investigation of Crime No.201 of 2018 of Vechoochira Police Station to the Superintendent of Police, SPE/CBI, Thiruvanathapuram Unit, forthwith. (ii)

The State Government shall provide adequate infrastructure and logistic support to the CBI for conducting the investigation.

I hope and wish that, with its forensic expertise and investigation skill, the CBI will be able to unravel the mystery and bring solace to Jesna's family.

Sd/- V.G.ARUN JUDGE

Scl/19.02.2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXT.P1: COPY OF THE FIR IN CRIME NO.201/2018 DATED 23/3/2018

EXT.P2: COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE CHIEF SECRETARY OF THE STATE OF KERALA DATED

7/6/2018

EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE CHIEF SECRETARY OF THE STATE OF KERALA DATED

7/6/2018 RE