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WP(C).No.20556 OF 2018(T)
The high court of Kerala ordered a CBI investigation in the Jesna Maria missing case. Jesna Maria James, a 20-year-old girl in her second year of B.Com course went missing on March 22, 2018. According to the second petitioner in the case, Jesna's brother, she was at home when their father went out to work in the morning but was nowhere to be found in the evening when he returned home. After all the efforts to find her turned futile the family of Jesna Maria approached the police station to file a missing person complaint under Section 57 of the Kerala Police Act. However, when the local police failed to come to a conclusion of the case, the petitioners filed a writ petition in the high court seeking the involvement of CBI in the case.
The case had been transferred to CBCID (Crime Branch, Criminal Investigation Department) while the petition was pending in the court. The high court had also issued an interim direction on November 2, 2020, which required the CBCID to inform the court about the progress in the investigation and if any further investigation was needed in the case.
The High Court had requested the Additional Solicitor General to go through the matter and inform the court if the investigation could be handed over to the CBI.
The court has directed respondents 1 and 2 (the state of Kerala and the Union of India) to hand over the case diary and all the materials related to the case which were gathered during the investigation to the Superintendent of Police, Thiruvananthapuram unit. The state government of Kerala has been ordered to provide adequate logistic support and infrastructure to the CBI for the course of the investigation.
The single bench of Justice V.G. Arun ordered a CBI investigation to unravel the mystery of Jesna's disappearance with forensic expertise and skills and bring solace to the girl's family.
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