Dismissed

Premalatha v. the Director General of Police

Kerala HC29 Oct 2012WP(Crl.)/364/2012

Case brief

AI extract

What is this about?

The Court closed a writ petition regarding the disappearance of the petitioner's husband, Sri. Lister Raj. It directed the District Police Chief and the special investigation team to conduct the investigation vigorously and trace the missing person within six weeks, with the petitioner allowed to approach the Court again if not resolved within three months.

What did the court decide?

Direction to District Police Chief and special investigation team to trace the missing person within six weeks and produce him before the Court or a competent Magistrate.

Premalatha Vs the Director General of Police — Criminal Trial and Appeal | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE &

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THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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MONDAY, THE 29TH DAY OF OCTOBER 2012/7TH KARTHIKA 1934

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WP(Crl.).No. 364 of 2012 (S)

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PETITIONER(S):

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PREMALATHA, AGED 47 YEARS D/O SAROJINI, ARADHANA, NULAKONAM MANCHAVILAKOM P.O.

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BY ADVS.SRI.R.T.PRADEEP SRI.P.BIJIMON

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RESPONDENT(S):

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1. THE DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS,

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VAZHUTHACAUD, THIRUVANANTHAPURAM-695002.

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2. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY

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SUPERINTENDENT OF POLICE, NEYYATTINKARA-695121.

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3. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR

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OF POLICE, VELLARADA, NEYYATTINKARA TALUK-695505.

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4. THE SUB INSPECTOR OF POLICE, VELLARADA POLICE STATION NEYYATTINKARA TALUK-695505.

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5. VIJAYA RAJ, BETHESTA, KYTHAKONAM, CHAMAVILA KOTTAKKAL P.O., PERIMKADAVILA, THIRUVANANTHAPURAM-695124.

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6. SANAL KUMARI, W/O. VIJAYA RAJ, -DO-

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7. REJI KUMAR, SARON, KURIVIKALA, CHAMAVILA, KOTTAKKAL P.O., PERIMKADAVILA (VIA), THIRUVANANTHAPURAM-695124.

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8. CHRISTLET SUDHARSANA, W/O. REJIKUMAR, RESIDING AT -DO-

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ADDL.R9. DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM.

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*** ADDL. R9 IS IMPLEADED SUO MOTO AS PER ORDER DATED 05.09.2012 IN WP(CRL.) NO.364/2012.**

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R5-R8 BY ADV. SRI.K.B.PRADEEP R1-R4 BY GOVERNMENT PLEADER SRI.N.SURESH

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 29-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BKA

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PIUS C. KURIAKOSE &

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BABU MATHEW P. JOSEPH, JJ.

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WP(Crl.) No. 364 OF 2012

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Dated this the 29^th day of October, 2012

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J U D G M E N T

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Pius C. Kuriakose, J.

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Read our order dated 05.09.2012.

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The learned Government Pleader Sri.N.Suresh

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submitted that the additional 9^th respondent has already constituted a special team to investigate into the person missing crime pertaining to the disappearance of Sri.Lister Raj, petitioner's husband. That team is doing everything that is possible at their end for tracing Sri.Lister Raj out. It was suggested that appropriate directions be issued to the investigating team and the writ petition be closed.

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Sri.K.B.Pradeep, the learned counsel for

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respondents 5 to 8 submitted that it is about 9 years since the petitioner and her husband parted ways. It is with the oblique motive of collecting evidence for some other

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WP(Crl.) No. 364 OF 2012

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..2..

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impending litigation that the petitioner has moved this Court under the constitutional jurisdiction.

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Sri.R.T.Pradeep, the learned counsel for the petitioner submitted that the investigation became sincere and vigorous only after this Court passed the order dated 05.09.2012. He requested that the writ petition be kept pending and appropriate directions be issued to the Investigating Officers to trace out and produce Sri.Lister Raj before this Court by the next posting date of the case.

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Having given our anxious consideration to the rival submissions addressed at the Bar, we are of the view that it is not necessary to keep this writ petition pending. We close this writ petition directing the additional 9^th respondent and all members of the special investigation team constituted by him for investigating into the person missing crime pertaining to Sri.Lister Raj to conduct the investigation still more vigorously and sincerely. They shall trace out Sri.Lister Raj early and at any rate within six

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WP(Crl.) No. 364 OF 2012

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..3..

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weeks from today. Once Sri.Lister Raj is traced out, he will

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be produced either before this Court or before a competent Judicial First Class Magistrate.

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We close this writ petition for the time being leaving it open to the petitioner to move this Court again (If Sri.Lister Raj is not traced out within three months).

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Sd/- PIUS C. KURIAKOSE, JUDGE

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Sd/- BABU MATHEW P. JOSEPH, JUDGE

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bka/-

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//True copy//

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PA to Judge

Premalatha v. the Director General of Police

Case brief

What is this about?

What did the court decide?

Premalatha v. the Director General of Police

Case brief

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