Myrtle Charles Pereira vs State Of Kerala
2023 Latest Caselaw 57 Ker

CRL.MC NO. 3816 OF 2014
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                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
         FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                          CRL.MC NO. 3816 OF 2014
 CRIME NO.260/2010 OF Kadinamkulam Police Station, Thiruvananthapuram
PETITIONER/S:

            MYRTLE CHARLES PEREIRA
            AGED 55 YEARS
            D/O.GRACY
            PEREIRA,KANNETTUVILAKAM,PUTHUKURICHY,THIRUVANANTHAPURAM
            BY ADV SRI.K.P.SUJESH KUMAR


RESPONDENT/S:

     1      STATE OF KERALA
            REPRESENTED BY THE SECRETRY TO GOVERNMENT,HOME
            DEPARMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 670 001
     2      THE DISTRICT SUPERINTENDENT OF POLICE,
            THIRUVANANTHAPURAM, 695001.
     3      THE DEPUTY SUPERINTEDENT OF POLICE, ATTINGAL,
            THIRUVANANTHAPURAM, 695301.
     4      THE CIRCLE INSPECTOR OF POLICE,
            KAZHAKUTTOM, THIRUVANANTHAPURAM, 695017
     5      THE SUB INSPECTOR OF POLICE, KADINAMKULAM,
            THIRUVANANTHAPURAM 695 014

            Sri.K.A.Noushad (PP)
     THIS   CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
06.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 3816 OF 2014
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                          BECHU KURIAN THOMAS, J.
                    ========================
                            Crl.MC No.3816 of 2014
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                      Dated this the 6th day of January, 2023

                                       ORDER

Petitioner is aggrieved by the alleged inaction of the Police in

conducting proper and effective investigation to trace out the

whereabouts of her daughter, who was missing from 01.10.2010.

2. Petitioner's daughter by name Mary Sujatha Joy was working

in Dubai after her marriage. However, she went missing on 01.10.2010

and a complaint was filed before the 5 th respondent on 06.10.2010. Since

even after the lapse of four years, the whereabouts of the petitioner's

daughter could not be traced, this petition under Section 482 Cr.P.C. was

filed seeking a direction to the Judicial First Class Magistrate Court,

Attingal to direct the Police to file a report as to the stage of

investigation, pursuant to Annexure A1 crime and also to direct the

Police to conduct, investigation in an efficient manner.

3. It is pertinent to mention that on an earlier occasion, in

W.P.(Crl)No.431/2011, filed by the petitioner for a writ of habeas corpus,

this Court had directed the Investigating Officer to carryout the

investigation, in accordance with law, without a room for any complaint

and also observed that the petitioner will be at liberty to move the

jurisdictional Magistrate, if any further orders are required.

4. When this matter came up for consideration on 21.03.2022,

this Court had directed, a report to be filed as to the present stage of

investigation. Indeference to the said direction, a report has been filed by CRL.MC NO. 3816 OF 2014

the Inspector of Police Kadinammkulam on 09.11.2022, specifying the

various steps adopted and the measures initiated to trace the missing

person. It is noticed from the statement filed that a new special team for

investigation in the case, was also appointed after several rounds of

investigation. However, till date, the Police have not been able to trace

out the missing persons nor obtain any lead to her whereabouts.

5. One a perusal of the report dated 09.11.2022, this Court is

satisfied that every effort has been taken by the Investigating team.

Since a Special team was also constituted for investigating into the

missing person, this Court is of the opinion that no orders need be issued

as sought for, as the investigation has been carried out and continued in

an efficient manner.

In such circumstances, reserving the liberty of the petitioner to

move the appropriate forum, in accordance with law, this Crl.M.C. is

closed.

sd/ BECHU KURIAN THOMAS JUDGE

jm/ CRL.MC NO. 3816 OF 2014

APPENDIX OF CRL.MC 3816/2014

PETITIONER ANNEXURES ANNEXURE A1 TRUE OPY OF THE FIRST INFORMATION REPORT IN CRIME NO 260 OF 2010 OF KADINAKULAM POLICE STATION DATED 6/10/2010 ANNEXURE A2 TRUE COPY OF THE STATEMENT SUBMITTED BY THE SECOND RESPONDENT IN WP(CR) NO 431/2010,DATED 3/01.2011 ANNEXURE A3 TRUE COPY OF THE STATEMENT SUBMITTED ON BEHALF OF THE THIRD RESPONDENT IN WPC(CR) NO 431/2010,DATED 21/06/2011 ANNEXURE A4 TRUE COPY OF THE JUDGMENT IN WPC(CR) NO 431/2010,DATED 7/07/2011 ANNEXURE A5 TRUE COPY OF THE CRIMINAL MISCELLANEOUS APPLICATION SUBMITTED BY THE PETITIONER IN CRIME NO 260 OF 2010 BEFORE THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE,ATTINGAL,DATED 26/07/2013