K.V.GOPI Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner seeking intervention of this Court for handing over the investigation to Crime Branch in respect of tracing out his missing son under Article 226 of the Constitution of India.

(2.) IT is alleged in the petition that the petitioner's son Anoop was found missing while he was travelling from Ernakulam to Delhi. Though several attempts were made to trace out his whereabouts, the petitioner could not succeed in his attempt. So he filed a complaint before the third respondent and accordingly the third respondent registered a case as Crime No.387/2014 under the caption man missing. But no effective steps were taken by the third respondent for tracing out the petitioner's missing son. Though he approached the second respondent also for this purpose, he could not get any favourable reply. So, the petitioner has no other remedy except to approach this Court seeking the following reliefs: i. Issue a writ of mandamus or other writ, order or direction against the 2nd respondent to constitute a special team for investigation of Crime No.387/2014 of Kuruvilangad Police Station. OR ii. In the alternative to entrust the investigation of Crime No.387/2014 of Kuruvilangad Police Station to the Deputy Superintendent of Police, crime Branch, C.I.D., Organized Crime Wing (OCW) -II. And iii. To grant such other and further reliefs this Hon'ble Court may deem fit and proper in the interest of justice

(3.) WHEN the writ petition came up for hearing today, the learned Government Pleader appearing for the respondents submitted that as per order No.D2/38493/2014K dated 25.7.2014 of the second respondent, the investigation has been entrusted to the Deputy Superintendent of Police, District Crime Unit (Officer in charge of District Missing person Tracing Unit) and now the investigation is being conducted by A.U. Sunil Kumar, Dy.S.P, who is in charge of that unit.