Kerala High Court
Sajitha Sajeevan vs Station House Officer on 25 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
WP(CRL.) NO. 315 OF 2021
PETITIONER:
SAJITHA SAJEEVAN,
AGED 50 YEARS,
W/O SAJEEVAN,
PORIYANTEPARAMBIL HOUSE,
THOTTAPPALLY.P.O,
ALAPPUZHA DT. PIN-688561.
BY ADVS.
SONU AUGUSTINE
V.PRAVEEN
RESPONDENTS:
1 STATION HOUSE OFFICER,
AMBALAPUZHA POLICE STATION,
ALAPUZHA DISTRICT, PIN-688561.
2 SUPERINTENDENT OF POLICE,
ALAPUZHA, ALAPUZHA DISTRICT PIN-688524.
3 DIRECTOR GENERAL OF POLICE
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM PIN-695010.
4 GOVERNMENT OF KERALA
REPRESENTED BY SECRETARY, DEPT OF HOME, SECRETARIATE,
THIRUVANANTHAPURAM PIN-695001.
5 ADDL. SOMAN
SOUGHT TO BE IMPLEADED
6 ADDL. SATHYADAS
SOUGHT TO BE IMPLEADED
7 ADDL. RAJEEVAN
SOUGHT TO BE IMPLEADED
8 ADDL. MURALI
SOUGHT TO BE IMPLEADED
9 ADDL. SREEKUMAR
SOUGHT TO BE IMPLEADED
BY ADVS.
SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR
DIRECTOR GENERAL OF PROSECUTION
OTHER PRESENT:
SRI.E.C.BINEESH - GP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 25.01.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl) No.315 of 2021
2
K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
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W.P(Crl.)No. 315 of 2021
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Dated this the 25th day of January, 2022
JUDGMENT
Jayachandran, J.
The petitioner, is the wife of one
Mr.Sajeevan, who was missing since 29.09.2021. She
seeks issuance of a writ of Habeas Corpus, directing
production of her husband before the Court, as also, to
set him at liberty. The petitioner would allege that
her husband Sajeevan is a fisherman and is active in a
rebel faction of Puthoppu Branch Committee of the
political party CPI(M). There exists serious difference
of opinion between official faction and the rebel
faction. The petitioner would also submit that her
husband was actively involved in the protests against
the mining activities of minerals, at Thottapaly
spill-way. According to the petitioner, her husband has
been abducted by members of the official faction.
2. Learned Government Pleader submitted a
statement on 29.11.2021, reporting the progress of
W.P.(Crl) No.315 of 2021
investigation in the Crime No.836 of 2021, of
Ambalappuzha Police Station, registered in connection
with the missing of the petitioner's husband. On
04.01.2022, we directed the learned Government Pleader
to file a statement regarding the stage of
investigation. Accordingly, the Investigating Officer
in charge filed a report dated 11.01.2022, wherein the
details of investigation as regards the various
possibilities regarding the missing of the petitioner's
husband has been narrated and discussed in detail.
Ultimately, the investigating team is of the opinion
that the petitioner's husband, who used to swim across
the sea mouth opening, to access his home easily, would
have been carried away. The report concludes by stating
that the investigation is going on, more persons are to
be questioned and more unidentified bodies are to be
analysed and subjected to DNA profile.
3. In the state of affairs above referred, we are
of the opinion that no purpose is served by keeping the
present writ petition pending. The specific
apprehension raised by the petitioner has been
investigated thoroughly and ruled out, as of now, as
per the report dated 11.01.2022. The investigation team
W.P.(Crl) No.315 of 2021
apprehends possibility of the husband of the petitioner
having been swept away by the currents. The
investigation has not been concluded and the same is
going on.
In the circumstances, we close this writ
petition, with a direction to the Investigating Officer
in the subject crime to proceed with the investigation
diligently, so as to reach a logical conclusion. The 2 nd
respondent will supervise the investigation and its
progress. When the missing person is traced out, the
person shall be produced or the factual report filed
before the jurisdictional Magistrate.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
C.JAYACHANDRAN
JUDGE
NR/25/01/2022
W.P.(Crl) No.315 of 2021
APPENDIX
PETITIONER'S EXHIBITS
Exhibit P1 COPY OF FIR NO.0836 OF AMBALAPUZHA POLICE STATION
DATED 29.09.2021.
Exhibit P2 COPY OF THE PETITION SUBMITTED TO THE 2ND
RESPONDENT 06.10.2021.
