Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN FRIDAY,THE14H DAY OF FEBRUARY201425TH MAGHA, 1935 OP(Crl.).No. 4466 of 2013 (Q) ------------------------------------------ C.M.P. 6214/2013 IN CRIME NO.690/13 OF VELLATHOOVAL POLICE STATION OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ADIMALI. ---------- PETITIONER/PETITIONER: -------------------------------------- TINCY, AGED22YEARS, D/O.GEORGE, PEAYICKAL HOUSE, AMBAZHACHAL, THOKKUPARA, IDUKKI DISTRICT - 685 565. BY ADVS.SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, VELLATHOOVAL POLICE STATION, IDUKKI - 685 561.
2. GEORGE, S/O.JOSEPH, PEAYICKAL HOUSE, AMBAZHACHAL THOKKUPARA, IDUKKI DISTRICT - 685 565 BY PUBLIC PROSECUTOR SMT.S.HYMA. THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON1402-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Msd. OP(Crl.).No. 4466 of 2013 (Q) ----------------------------------------- APPENDIX ---------------- PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE FIR IN CRIME69013 OF VELLATHOOVAL POLICE STATION. EXHIBIT P2: TRUE COPY OF THE ORDER
DATED2911.13 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ADIMALI. RESPONDENT(S)' EXHIBITS: ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE. Msd. K. Ramakrishnan, J.
============================== O.P.(Criminal)No.4466 of 2013 ============================== Dated this, the 14th day of February, 2014.
JUDGMENT
This is an application filed by the petitioner against the order of the magistrate in Crl.M.P.No.6214/13 in Crime No.690/13 of Vellathooval Police Station on the file of Judicial First Class Magistrate Court, Adimali under Section 482 of Code of Criminal Procedure.
2. It is alleged in the petition that second respondent herein filed a complaint before Vellathooval police stating that the petitioner who is the daughter is missing and on that basis vellathooval police registered a case in Crime No.690/13 of Vellathooval police station under Section 57 of the Kerala Police Act. On knowing about the complaint, petitioner surrendered before the Judicial First Class Magistrate Court, Adimali and moved Ext.P1 petition for recording her statement. But that was rejected by the learned magistrate vide Ext.P2 order. This is being challenged by the petitioner before this court. Though, notice was served on the second respondent he did not appear.
3. Heard the Counsel for the petitioner and the Public O.P.(Criminal)No.4466 of 2013 :
2. : Prosecutor.
4. Counsel for the petitioner submitted that he is prepared to surrender before the court and ready to submit that she was not missing and she was very much available and on that basis the magistrate can close the crime file itself. Public Prosecutor also submitted that this can be closed with the direction to the petitioner to appear on a particular day before the concerned court, so that the investigating officer also can appear along with the de facto complainant and co- operate with the court to close the case.
5. The Vellathooval police, on the basis of the statement of the second respondent, who is the father of the petitioner, registered a case as Crime No.690/13 of Vellathooval police station for man missing. The allegation was that from 13.11.2013 onwards petitioner was missing. On knowing about the same, though petitioner surrendered before the court and wanted to record a statement that she was not missing, the magistrate refused to record the same that prompted her to come before the court. In the case of man missing, normally, when the missing subject is traced out by the police, they will produce before the magistrate and after O.P.(Criminal)No.4466 of 2013 :
3. : hearing the victim, the magistrate will pass appropriate orders as to whether the victim if it is a girl she is major, whether she will have to be allowed to go according to her wish or she is a minor whether she will have to be given to parents etc., will be decided by the magistrate. But, in this case though the petitioner appeared before the court below, the magistrate did not record her statement.
6. The Counsel for the petitioner submitted that the petitioner is reluctant to appear before the investigating officer but she is prepared to appear before the court if a date is given by this court on that date. So, considering the circumstances, I feel that the petition can be disposed of with following conditions:
1. The petitioner is directed to appear before the Judicial First Magistrate Court, Adimali on 25.02.2014 at about 11.00 a.m.
2. The Station House Officer, Adimali or the person in the charge of the investigation in Crime No.690/13 of Vellathooval police station is also directed to appear before that court on that day along with the de facto complainant to identify the petitioner as to whether she is the missing subject mentioned in the complaint.
3. If all of them appear before the magistrate, the magistrate is directed to conduct enquiry as provided in the Code of Criminal Procedure in this regard and then O.P.(Criminal)No.4466 of 2013 :
4. : pass appropriate orders in accordance with law. The Public Prosecutor is directed to communicate this order to the Station House Officer, Adimali for compliance without fail. With the above directions, the petition is disposed of. Office is directed to communicate this order to the concerned magistrate court immediately. Sd/- K.Ramakrishnan, Judge. Bb [True copy] P.A to Judge