S ANDI THEVAR Vs. STATE

JUDGEMENT

(1.) THE learned Chief Judicial Magistrate, Madurai has passed an order, directing the petitioner, who is the father of one Sivaraman, to appear before the Assistant Director of Tamil Nadu Forensic Science Department, Chennai on 26.12.2005 for DNA test, in Cr.M.P.No. 1873 of 2005 dated 14.12.2005. Aggrieved against the order, the present Criminal Original Petition has been filed.

(2.) THE son of the petitioner by name Sivaraman was missing from 1998 and a case in Cr.No.536/2000 was registered for 174 Cr.P.C. as man missing by Thideer Nagar Police Station, Madurai on 4.4.2000. THE case was during December-2003 transferred to CB CID. THE local police and CB CID investigated the case for about three years, but whereabouts of Sivaraman could not be traced and ascertained. Under such circumstances, the case was transferred to CBI by the orders of the High Court, Madras dated 21.12.2004 made in Crl.O.P.No.24092/2004. Subsequently, the offence was altered into one of Sections 120(b) r/w 365 and 364 IPC and the investigation is pending.

(3.) IT is apparent that when the investigation is pending from 1998 onwards the petitioner should have come forward with an anxiety to find out the whereabouts of his son and the assailants involved in the offence. IT is unfortunate that the petitioner, who is none other than the father of the missing person, is not only refusing to co-operate with the investigation but protracting the proceeding in spite of the orders passed by the learned Magistrate fixing the date. The test may be conducted and concluded within a day. The refusal on the part of the petitioner creates great doubt on the petitioner himself.