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Kerala High Court
Sreekumari vs Union Of India on 10 May, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
WP(CRL.) NO. 422 OF 2024
PETITIONERS:
1 SREEKUMARI,
AGED 52 YEARS, W/O. SASANKAN,
SREE BHAVANAM, ANGADICKAL (SOUTH) P.O., KODUMON,
ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 691 555.
2 SREEJITH S,
AGED 24 YEARS,S/O. SASANKAN,
BHAVANAM, ANGADICKAL (SOUTH) P.O., KODUMON,
ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 691 555.
BY ADVS.
GEORGE MATHEW
SUNIL KUMAR A.G
ELSA DENNY PINDIS
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
MEDHA B.S.
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE,
CENTRAL SECRETARIAT, NEW DELHI, PIN - 110 001.
2 MINISTRY OF HOME AFFAIRS,
GOVERNMENT OF INDIA REPRESENTED BY ITS SECRETARY,
CENTRAL SECRETARIAT, NEW DELHI - 110 001.
3 THE COMMANDING OFFICER,
90 RCC, GENERAL RESERVE ENGINEERING FORCE, BORDER ROADS
ORGANISATION (BRO), C/O. 99 ARMY POST OFFICE (APO),
PIN - 930 090.
4 THE CENTRAL BUREAU OF INVESTIGATION,
6TH FLOOR, LODHI ROAD, PLOT NO. 5-B, JAWAHARLAL NEHRU
STADIUM MARG, CGO COMPLEX, NEW DELHI,
REP. BY ITS DIRECTOR GENERAL, PIN - 110 003.
W. P (Crl.) No.422 of 2024
2
5 RAILWAY PROTECTION FORCE (RPF),
REP. BY ITS DIRECTOR GENERAL, HEAD QUARTERS,
RPF CONTROL ROOM, RAILWAY BOARD,
NEW DELHI, PIN - 110 001.
6 THE STATE POLICE CHIEF
POLICE HEAD QUARTERS, THYCADU P.O.,
THIRUVANANTHAPURAM, PIN - 695 014.
7 THE DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF,
PATHANAMTHITTA, PIN - 689 645.
8 THE STATION HOUSE OFFICER,
POLICE STATION, KUDUMON,
PATHANAMTHITTA DISTRICT, PIN - 691 555.
BY ADVS.
KRISHNA T C
MINI GOPINATH .
SMT.NISHA BOSE, SR.GP
SRI.K.P.SATHEESHAN, SR.GP FOR CBI
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 10.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W. P (Crl.) No.422 of 2024
3
GOPINATH P. & SYAM KUMAR V.M., JJ.
================
W. P (Crl.) No.422 of 2024
=================
Dated this the 10th day of May, 2024
JUDGMENT
GOPINATH P, J.
Petitioners are the wife and son of one Sasankan K, who is stated to be missing from 27.11.2023. The aforesaid Sasankan K was working in the GREF Unit in Arunachal Pradesh. It is stated that following the grant of leave from 09.11.2023 to 06.02.2024, the aforesaid Sasankan left his place of employment at Arunachal Pradesh on 08.11.2023 and he was dropped at the railway station to enable his journey to Kerala. On 27.11.2023, the 1st petitioner received information from the Platform Inspector, Southern Railway, Chennai that two pieces of luggage of the aforesaid Sasankan are in their custody and the same was found unattended at Platform No.3 of Chennai Central Railway Station. Thereupon the 1st petitioner's brother reached Chennai and received the luggage. The petitioners thereafter filed a man missing complaint before the 8th respondent. Though Ext.P3 crime was registered, the 8th respondent has been unable to trace out the aforesaid Sasankan W. P (Crl.) No.422 of 2024 4 and according to the petitioners, little or no progress has been achieved by the 8th respondent. It is in such circumstances that the petitioners have approached this Court seeking the following reliefs:-
"1) to issue a writ in the nature of Habeas Corpus or any other appropriate writ, order or direction, commanding and compelling the respondents to produce of the body of the detinue "Sasankan K., aged 58 years, s/o. Kunjukunju of Sree Bhavanam, Angadickal (South) P.O., Koduman, Adoor, Pathanamthitta District - 691 555" husband of 1 st petitioner and father of 2nd petitioner before this Hon'ble Court forthwith;
2) to issue a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding and compelling the 2nd respondent to pass orders and take over investigation of Ext.P3 - Cr. No. 0665 of 2023 of Kodumon Police Station in Pathanamthitta District."
2. The learned Government Pleader refers to the statement filed in this Court and contends that every effort was taken by the 8th respondent to trace out the whereabouts of the aforesaid Sasankan. It is submitted that the enquiries by the 8 th respondent revealed that the aforesaid Sasankan had boarded a train to Chennai from Bhubaneswar and only the luggage reached Chennai. It is submitted that between Bhubaneswar and Chennai, the train on which the aforesaid Sasankan had passed through five W. P (Crl.) No.422 of 2024 5 different states and therefore, further time may be required to conclude the investigation.
3. Smt.T.C.Krishna, the learned Central Government Counsel appearing for respondents 1, 2, 3 and 5 would refer to the statement filed in this Court and submit that the GREF personnel had also conducted certain enquires but the whereabouts of the aforesaid Sasankan could not be traced out.
4. The learned counsel appearing for the petitioners would submit that in the facts and circumstances of the case it is only appropriate that the investigation of the case be entrusted with the Central Bureau of Investigation as the 8 th respondent may not be in a position to conduct a proper investigation. He submits that the writ petition may therefore be disposed granting the 2 nd relief sought for in the writ petition.
5. Heard Sri.K.P.Satheesan, the learned Senior Counsel appearing for the 4th respondent also.
6. Having regard to the facts and circumstances of the case and considering the fact that a more effective investigation can be conducted by the 4th respondent in the facts and circumstances narrated above, this writ petition is disposed of directing that Crime No.665 of 2023 of Kodumon Police Station, Pathanamthitta W. P (Crl.) No.422 of 2024 6 District shall be transferred for investigation to the Central Bureau of Investigation. The 8th respondent shall forthwith hand over the entire records relating to Crime No.665 of 2023 of Kodumon Police Station, Pathanamthitta District to the Superintendent of Police, Central Bureau of Investigation, Thiruvananthapuram. The 6 th respondent shall ensure that necessary assistance is extended to the Superintendent of Police, Central Bureau of Investigation, Thiruvananthapuram on request, to conclude the investigation in an effective manner.
Sd/-
GOPINATH P. JUDGE Sd/-
SYAM KUMAR V.M. JUDGE DK W. P (Crl.) No.422 of 2024 7 APPENDIX OF WP(CRL.) 422/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF LEAVE CERTIFICATE DTD.08.11.2023 ISSUED BY 3RD RESPONDENT Exhibit P2 TRUE COPY OF RECEIPT NO.
2844/CAMP/DPC/PTA/2023 DTD. 28.11. 2023 ISSUED FROM THE OFFICE OF 7TH RESPONDENT Exhibit P3 TRUE COPY OF FIR NO.665 OF 2023 DTD.
28.11.2023 REGISTERED BY 4TH RESPONDENT Exhibit P4 TRUE COPY OF COMPLAINT DTD. 01.12.2023 SUBMITTED WITH PLATFORM INSPECTOR, CHENNAI CENTRAL Exhibit P5 TRUE COPY OF COMPLAINT DTD. 05.12.2023 SUBMITTED WITH SHO, CA POLICE STATION, MEDICAL COLLEGE, CHENNAI Exhibit P6 TRUE COPY OF COMPLAINT DTD. 06.12.2023 SUBMITTED WITH 2ND IN COMMAND FOR OFFICER COMMAND 90RCC(GREF) Exhibit P7 TRUE COPY OF COMPLAINT DTD. 07.12.2023 SUBMITTED WITH OFFICER RPF, CHENNAI CENTRAL RAILWAY STATION Exhibit P8 TRUE COPY OF REPRESENTATION DTD.
26.12.2023 Exhibit P9 TRUE COPY OF COMPLAINT DTD. 07.01.2024 SUBMITTED WITH 11CRPF, BHUVANESWAR Exhibit P10 TRUE COPY OF COMPLAINT DTD. 05.02.2024 SUBMITTED WITH MCC, CHENNAI CENTRAL RAILWAY STATION, A32MCO Exhibit P11 TRUE COPY OF LETTER NO.15103/PD/SK/DGBR/08/ E1C'B' DTD. 08.02.2024 ISSUED BY OFFICE OF DIRECTOR GENERAL OF BOARD ROADS ORGANISATION Exhibit P12 TRUE COPY OF LETTER NO.CF/167126F/SK/28/E1 DTD.10.02.2024 ISSUED FROM THE OFFICE OF 180 FORMATION CUTTING PLATFORM Exhibit P13 TRUE COPY OF LETTER NO.CF/167126F/SK/30/E1 DTD. 29.02.2024 ISSUED FROM THE OFFICE OF 180 FORMATION CUTTING PLATFORM