Antony Dominic, J. Petitioner has filed this writ petition alleging that her husband Sri.Francis Dinil is missing since 18/6/12. It is stated that on a complaint made by her, Crime No.1182/12 under Section 57 of the Kerala Police Act was registered by the 3rd respondent and that in spite of it, her husband has not been traced out. It is alleged that she believes that her husband is being illegally detained by respondents 4 and 5.
2. When the writ petition came up for consideration before this Court on 10/6/14, it was noticed that the alleged disappearance of her husband was as early as in June 2012. That apart, it is also averred that while leaving the residence of the petitioner, he had substantial amount with him and that he had also taken 20 sovereigns of gold ornaments. In such circumstances, we directed the learned Government Pleader to get instructions in terms of the matter. Accordingly, instructions have been obtained by the Government Pleader and a report
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received by him from the 3rd respondent was made available to us today. Report shows that her husband had an affair with the 4th respondent and the 4th respondent is also missing. Further, it is also stated that on the complaint made about the disappearance of the 4th respondent, Crime No.462/12 has been registered at the Kannamaly Police Station. According to the 3rd respondent, enquiries conducted revealed that the detenu and the 3rd respondent had an affair and they had disappeared and are living at some undisclosed place and that this is not a case of the detenu being kept in illegal detention by anyone. It is also stated that, recently on 29/5/14, the petitioner informed the 3rd respondent that the detenu appeared in the face book and although final report that the case is undetected has been given in the crime, further enquiries are being made.
3. On facts, we are satisfied that this is not a case where the petitioner's husband is being illegally detained by respondents 4 and 5, justifying entertainment of this writ petition. Be that as it may, now according to the 3rd respondent, enquiry is still being continued, we direct that the enquiry shall be continued
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and the needful in the matter shall be done by the 3rd respondent in accordance with law.
Writ petition is disposed of as above.
Rp //True Copy// PA to Judge Sd/-
ANTONY DOMINIC JUDGE Sd/-
ALEXANDER THOMAS JUDGE