Petitioner challenged police registration of a missing person case as harassment. Court noted investigation was underway per earlier directions and held steps didn't justify quashing. Petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 2ND DAY OF AUGUST 2017/11TH SRAVANA, 1939
WP(C).No. 25007 of 2017 (A)
PETITIONER:
JINCY PANICKAR
AGED 29, D/O.CHACKO PANICKAR, HAVING PERMANENT RESIDENTIAL ADDRESS AT VILAYIL JIJU BHAVAN, NEAR SHALEM CHURCH, PLACHI MUKKU CHERRY, ARUMURIKKADA MURRY, MULAVANA VILLAGE, KUNDARA POLICE STATION LIMIT, KOLLAM DISTRICT.
BY ADV. SRI.V.VENUGOPALAN NAIR
RESPONDENTS:
POLICE HEAD QUARTERS, VAZHUTHAKKADU, THIRUVANANTHAPURAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
DETECTIVE INSPECTOR, CBCID, HHW-1, KOLLAM SUB UNIT, CBCID, KOLLAM
WP(C).No. 25007 of 2017 (A)
-2-
BY SR. GOVERNMENT PLEADER SRI.P.P.THAJUDEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 25007 of 2017 (A)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE F.I.R IN CRIME NO.2294/2014 OF KUNDARA POLICE STATION DATED 25/10/2014 ALONG WITH THE DEPOSITION OF THE PETITIONER TAKEN BY HON'BLE JFMC-I ON 11/10/2014
EXHIBIT P2 A TRUE COPY OF THE F.I.R IN THE CRIME NO.1007/2015 OF CHAVARA THEKKUMBAGOM POLICE STATION, DATED 22/7/2015
EXHIBIT P3 A TRUE COPY OF THE STATEMENT OF THE PETITIONER GIVEN BEFORE JFMC CHAVARA DATED NIL
EXHIBIT P4 A TRUE COPY OF THE LOOK OUT NOTICE DATED 12/7/2017 PUBLISHED IN FACE BOOK
EXHIBIT P5 TRUE COPY OF THE REPRESENTATIVE SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 2 AND 5 DATED 20/7/2017
ANTONY DOMINIC &
SHIRCY V., JJ.
W. P. (C) No.25007 of 2017
-----------------------------------------------Dated this the 2nd day of August, 2017
JUDGMENT
Antony Dominic, J.
complaining of police harassment. According to her, the registration of CBCID Crime No.90/CR/HHW-1/2017, on the basis that the petitioner is missing, itself is a harassment inasmuch as on previous occasion, investigations were conducted, on identical allegations. Therefore, she seeks a direction to respondents 2 and 3 not to register any such man missing case in respect of the petitioner hereafter.
W. P. (C) No.25007 of 2017
-2-
investigations into the allegations were pending, the eight respondent filed W.P.(C) No.7919 of 2017 before this Court. The said writ petition was disposed of by judgment dated 22.03.2017 finding that the investigation, thus far conducted, did not make much progress and transferred the investigation to the Crime Branch, CBCID. It is stated that, thereupon, the fourth respondent took over the investigation and accordingly, the fifth respondent is conducting investigation. Government Pleader states that thereafter, look-out notices were published and it was thereupon, that this writ petition is filed.
W. P. (C) No.25007 of 2017
-3-
the respondents cannot, at this stage, be said to be a case of harassment justifying any order as sought for in this writ petition.
The writ petition is dismissed.
Sd/-
ANTONY DOMINIC
JUDGE
Sd/- SHIRCY V. JUDGE
kns/-
//TRUE COPY//
P.S. TO JUDGE
1 issue framed by the court
Whether the registration of a missing person case by the police on complaints alleging the petitioner is missing constitutes harassment justified for judicial intervention.
Jincy Panickar
State of Kerala
The Director General of Police
The District Police Chief/City Police Commissioner Kollam
The Superintendent of Police
G.Johnson
Antony Dominic
Shircy V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
