The court affirmed that personal autonomy and established marriage obviate the need for continued judicial intervention in cases of alleged detention.

J U D G M E N T

BASANT,J The petitioner is present. The alleged detenue and the 5th respondent are present. They are represented by their counsel. The learned counsel have placed before the court a certificate of marriage issued by the Palakkad Pallitheruvu Hanafi Jamia Masjid which shows that the marriage between the alleged detenue and the 5th respondent has taken place on 29/10/2009. All accept the marriage. The learned counsel for the petitioner submits that in the facts and circumstances of this case, the petitioner does not seek any further directions in this writ petition.

2. We are satisfied that no further directions are necessary and this writ petition can now be closed.

3. In the result, this writ petition is dismissed as agreed recording the fact that the alleged detenue and the 5th respondent have already got married. They are present in court today. They are permitted to leave together from the court.

(R.BASANT, JUDGE)

(M.C.HARIRANI, JUDGE)

jsr // True Copy// PA to Judge Dated this the 8h day of October 2009

O R D E R

BASANT,J This order must be read in continuation of the earlier orders passed by this court resting with the order dated

08/09/2009.

2. The petitioner has come to this court complaining about the disappearance of his daughter, an adult major girl from 08/11/2008. Though it is the case of the petitioner that a prompt complaint was filed, no crime was registered and crime was registered long later on 23/6/2009. From time to time, directions were issued by this court to the police authorities to expeditiously complete the investigation and trace the alleged detenue. Success has not been achieved so far. In the anxiety of this court to ensure that the alleged detenue is traced, the Director General of Police was directed to ensure that the investigation is conducted by a more competent and specialised agency. Investigation is now being conducted by a team headed by a Deputy Superintendent of Police under the strict supervision of the Superintendent of Police, Palakkad. The Superintendent of Police, Palakkad has now filed a statement on 07/10/2009 which reveals that success has not been achieved in the attempt to trace the missing girl. In the report, the steps taken have been narrated in detail. Suffice it to say that in spite of the steps taken, the girl has not been traced yet.

3. The learned counsel for the petitioner submits that the 5th respondent and his relatives have great political influence and that is the reason why police are not taking the necessary steps and showing the necessary eagerness to trace the alleged detenue. There is no sufficient material yet to completely accept that submission of the learned counsel for the petitioner; but the fact remains that the daughter of the petitioner, who is found missing from 08/11/2008 has not been traced so far. We are definitely of the opinion that a more eager and anxious effort must be made by the police to trace the alleged detenue.

4. It is true that a special investigation team is conducting the investigation now; but in the facts and circumstances of this case, we deem it necessary to direct the Director General of Police to ensure that the investigation is now entrusted to a more competent and superior official.

5. Call this petition again on 26/10/2009, by which time we expect the investigating officers to achieve success. We also expect the Director General of Police to personally monitor the investigation and take necessary steps if he is of the opinion that the investigation must be entrusted to more competent and senior hands. If the alleged detenue is not traced by 26/10/2009, the Director General of Police shall file a statement showing the steps taken. The case diary shall also be placed before this court on that day to consider the further action to be taken, if necessary.

6. Hand over copy of this order to learned Government Pleader for immediate communication to the Director General of Police.

This order must be read in continuation of the ear