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
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
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
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
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
