Jobin Johny v. Sub Inspector Of Police
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 WP(C).No. 8062 of 2015 (G) --------------------------- PETITIONER(S):
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1. JOBIN JOHNY AGED 27 YEARS S/O.JOHNY PERMANENTLY R/AT ALAKKODU CHITTODY P.O. KANNUR DISTRICT, PIN - 670 571, NOW R/AT FAMI HOUSE NEAR SATTALLITE-TOWNSHIP, PADAMUGAL, KAKKANAD.
2. T.A.MATHEW, S/O.T.V.ALEXANDER R/AT 18/186, THEPPUKALLINGAL HOUSE MARTHOMA NAGAR P.O., GUDALUR P.O., NILGIRIS PIN - 643211 BY ADVS.SMT.T.S.MAYA (THIYADIL) SMT.K.A.SUNITHA RESPONDENT(S):
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1. SUB INSPECTOR OF POLICE THRIKKAKARA POLICE STATIO, THRIKKAKARA P.O.
PIN 682 021.
2. CIRCLE INSPECTOR, KALAMASSERRY CIRCLE KALAMASSERRY P.O., PIN - 683 104.
3. ASSISTANT COMMISSIONER OF POLICE, THRIKKAKARA THRIKKAKARA P.O., PIN - 682 021.
R BY GOVERNMENT PLEADER SMT. SAREENA GEORGE. P. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 8062 of 2015 (G) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1- COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AND ITS RECEIPT DATED 10.3.2015 P2-COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT AND ITS RECEIPT DATED 10.3.2015 P3- THE COPY OF THE MANGALAM E-PAPER DATED 1.3.2015 P4- THE COPY OF THE TIMES OF INDIA E-PAPER DATED 10.3.2015 RESPONDENT(S)' EXHIBITS:NIL ---------------------------------------
P.UBAID, J.
------------------------- Crl. M.C No. 8062 of 2015 --------------------------------------- Dated this the 7th day of April, 2015.
O R D E R
The first writ petitioner herein found his wife Jizil missing on 5.3.2015. He made a complaint before the police, and on his complaint the police registered crime No.244 of 2015 in the Thrikkakkara Police Station. Finding that there is no concerted action on the part of the police, the writ petitioners brought this writ petition for a direction, by way of writ of mandamus, to the police to conduct proper and effective investigation to locate Jizil. The second petitioner is none other than the father of Jizil. Jizil is now before this court with an application to get impleaded in the proceedings. Of course, in the nature of the proceedings she need not be impleaded as a party here. However she has filed affidavit explaining what transpired on 5.3.2015. Her affidavit shows that she left on her own, without being
compelled or enticed or threatened by anybody, and she took such a decision when she decided not to continue the matrimony with the first petitioner. There is reason to believe that Jizil concealed herself somewhere in Chennai, and she has been closely watching what transpired here, including the anguish and concern of her parents, her husband, and the other relatives. Of course, the extent of pain and panic caused by her to her parents, to her husband, and to the near ones cannot be measured. Anyway, now Jizil has realized the mistake on her apart, and she has decided in open court to join her parents. In these circumstances, the crime registered by the police can be closed. Further action in the crime can be dropped by the police.
Jizil now decides to go with her parents, and the writ petitioners now do not want to continue the writ petition. Hoping for the best, the first writ petitioner decides not to pursue the matter further. The application filed by Jizil to get impleaded will stand closed. Accepting the affidavit filed by Jizil, the missing woman, this writ petition is closed.
Sd/- P.UBAID, JUDGE sab