This is an application filed by the petitioner seeking the intervention of this Court for registration of Crime and proper investigation in connection with her missing husband under Article 227 of the Constitution of India. 2. It is alleged in the petition that her husband by name Pramod was missing from 04/07/2009 onwards. Though she filed Exts.P1 and P2 complaints before the authorities no attempt was made either to register a crime or to conduct any proper investigation. So she has no other remedy except to approach this Court seeking the following relief:
(i) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents 2 to 4 to register a crime in this matter and to make just and proper investigation, if necessary with the help of some specialized agency in crime investigation, so that the accused is properly booked and brought before the Court of Law,
(ii) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and pass necessary orders on Ext.P-2 complaint by registering a crime and conducting proper investigation to find out the husband of the petitioner,
(iii) Issue such other writ or direction which this Hon'ble Court may deem fit and proper on the facts and circumstances of the case and in the interest of justice.
3. The 4th respondent today filed a statement stating that after filing of this Writ Petition, the petitioner has brought to the police station and her statement was recorded in this regard and a case was registered as Crime No.339/2014 of Vidyanagar Police Station under Section 57 of Kerala Police Act for man missing and later it was transferred to Bakel Police Station as the alleged missing had taken place within the jurisdiction of that Police Station on 09/06/2014. According to them no petition has been received by them. She filed a complaint against father-in-law before the Kasaragod Police Station in the year 2009 and that was registered as petition No.432/B1/PTN/KSD/09 and both were summoned and after warning both of them it was closed. The Vidyanagar Police Station itself was formed only on 31/07/2010 and they have not received any complaint as mentioned in the petition. However, since a crime was already been registered, the prayer in the petition has become infructuous.
4. The counsel for the petitioner submitted that since a Crime had already been registered and it is being investigated, no further direction is required at this stage and the petition can be disposed of leaving open the right of the petitioner to approach the appropriate authorities if the ultimate outcome of the investigation is not satisfactory. In view of the fact that the Crime has already been registered, which is a grievance of the petitioner, no further direction is required in this Writ petition.
So the submission made by the counsel for the petitioner is recorded and the petition is disposed of leaving open the right of the petitioner to apply later to the appropriate authorities if she is not satisfied with the outcome of the investigation.
Sd/-K.RAMAKRISHNAN JUDGE MJL