Disposed

Christian Association and Alliance for Social Action, v. State of Kerala

Kerala HC9 Apr 2024WP(C)/11947/2021

Case brief

AI extract

What is this about?

Association sought direction for investigation report into the 2018 disappearance of a girl. CBI had filed a final report terming the case untraced/undetected, stating it would revive the probe if new information emerged. The missing girl's father had separately approached the Chief Judicial Magistrate's Court. The writ petition was closed without any decision on merits.

What the court decided

AI extract

Christian Association and Alliance for Social… — Criminal Trial and Appeal | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

¶4

TUESDAY, THE 9^TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946

¶5

WP(C) NO. 11947 OF 2021

¶6

PETITIONER :

¶7

CHRISTIAN ASSOCIATION AND ALLIANCE FOR SOCIAL ACTION, NORTH OF RAJAJI JUNCTION, NEAR ST. MARYS QUARTERS, CHITTUR ROAD, ERNAKULAM, REPRESENTED BY ITS PRESIDENT, PETER THOMAS, AGED 46 YEARS, S/O .G.A THOMAS, RESIDING AT THAIPARAMBIL HOUSE, VALIYAKULAM, ALAAPPUZHA DISTRICT, PIN-688 001.

¶8

BY ADVS. C.RAJENDRAN M.RAJESH

¶9

RESPONDENTS :

¶10

1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, STATE SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN-695 001.

¶11

2 THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN-110 001. 3 SPE (SPECIAL POLICE ESTABLISHMENT)CBI CBI OCR COMPLEX, PO VALLAKADAVU ROAD, MUTTATHARA, THIRUVANANTHAPURAM, KERALA, PIN-695 008. 4 DEPUTY SUPERINTEND OF OF POLICE CRIME BRANCH, PATAHANMTHITTA DISTRICT, PIN-689 645. * ADDL R5 & ADDL.R6 ARE MPLEADED 5 ABHIJITH K.M., AGED 24 YEARS,

¶12

WP(C) NO. 11947 OF 2021

¶13

¶14

PRESIDENT, KERALA STUDENT UNION, INDIRA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM- 695 010.

¶15

6 JAIS JOHN JAMES, AGED 24 YEARS, S/O. JAMES JOSEPH, KUNNATHVEEDU, SANTHOSH KAVALA, ONPATHAM COLONY, MUKKOOTTITHARA P.O., VECHOOCHIRA, PATHANAMTHITTA – 686 510

¶16

ADDITIONAL R5 AND R6 IMPLEADED AS PER THE ORDER DATED 02.02.2022 IN I.A. 1/2021 IN WP(C) 11947/2021.

¶17

BY ADVS. SHRI.P.VIJAYAKUMAR, ASG OF INDIA MANU S., ASG OF INDIA BABY MATHEW

¶18

SRI. NOUSHAD K.A., PUBLIC PROSECUTOR

¶19

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

WP(C) NO. 11947 OF 2021

¶21

¶22

BECHU KURIAN THOMAS, J.

¶23

W.P.(C) No.11947 of 2021

¶24

Dated this the 9^th day of April, 2024

¶25

JUDGMENT

¶26

Petitioner claims to be an association of persons registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 with the objective to fight against the illegalities and atrocities. They have preferred this writ petition seeking a direction to submit a report regarding the investigation into the missing of a girl by name Jesna Maria in 2018. Though petitioner's right to maintain this writ petition is under a doubt, I am not entering into a finding on the said issue since the CBI has submitted a final report, referring the case as 'untraced/ undetected' as of now. It is also stated in the final report that if any further information is received, based upon a notice to locate the missing Ms.Jesna Maria, the investigation will be revived and be intimated to the court.

¶27

Except for filing this writ petition, petitioner has not been able to provide any lead or information regarding the missing person. Since despite repeated investigation, the CBI also could not unearth any material to throw light on Ms. Jesna, I am of the view that the continuance of the writ petition is unnecessary. In this context, it is also worthwhile to mention that the father of Ms. Jesna is stated to have filed

¶28

¶29

WP(C) NO. 11947 OF 2021

¶30

a petition before the Chief Judicial Magistrate’s Court, Thiruvananthapuram for appropriate directions. When one of the parents of the missing person has already approached the court of law, the purpose of an Association of persons in pursuing a writ petition of this nature comes under doubt. Hence no reliefs need be granted in this writ petition.

¶31

This writ petition is closed without rendering any decision on merits.

¶32

Sd/- BECHU KURIAN THOMAS, JUDGE

¶33

RKM

¶34

WP(C) NO. 11947 OF 2021

¶35

¶36

APPENDIX OF WP(C) 11947/2021

¶37

PETITIONER'S EXHIBITS :

¶38

Exhibit P1	THE TRUE COPY	OF THE PETITION FOR
	IMPLEADING SUBMI	TTED BY THE PETITIONER
	HEREIN IN WPC NO	20556 OF 2018
Exhibit P2	TRUE COPY OF THE	JUDGMENT IN WPC NO 20556
	OF 2018 DATED 19.	2.2021

Christian Association and Alliance for Social Action, v. State of Kerala

Case brief

What is this about?

What the court decided

Christian Association and Alliance for Social Action, v. State of Kerala

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Union of India Vs State of Kerala

M/S Santhimadom Builders and Developers Trust, Vs State of Kerala

M/S Santhimadom Builders and Developers Trust Vs State of Kerala

Renjith @ Renjithkumar Vs the State of Kerala

Ami T.R. Vs State of Kerala

Biju Vs State of Kerala