Court Exercises Writ Jurisdiction under Article 226, Rejects Jurisdictional Objection; Directs CBI to Investigate Missing Tripura State Rifles Rifleman Disappeared Enroute Train Journey from Ernakulam to Guwahati
In a landmark judgment delivered on September 29, 2026, the Kerala High Court, presided over by Justice G. Girish, directed the Central Bureau of Investigation (CBI) to take over the probe into the mysterious disappearance of Mr. Subash Chandra Bose P, a rifleman of the Tripura State Rifles, who went missing during a train journey from Ernakulam to Guwahati on April 4, 2012. This order came despite a 14-year gap since the disappearance, emphasizing the Court's commitment to justice for the family of the missing paramilitary personnel.
The petitioner, Mr. Balan P.K., father of the missing jawan, had approached the High Court after exhaustive but futile efforts by police forces of Kerala, Andhra Pradesh, and Tripura to trace his son. The Court noted that the disappearance took place during the train journey, which passed through multiple jurisdictions, and therefore the Kerala High Court rightly exercised its writ jurisdiction under Article 226 of the Constitution of India. The Court relied heavily on principles enshrined in Section 183 of the Criminal Procedure Code, 1973, and its corresponding provision, Section 203 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provide jurisdiction to courts through whose territory the accused or victim passes during a journey.
The CBI had raised two objections: lack of territorial jurisdiction of the Kerala High Court to order the investigation, and the slim chances of solving the case after such a long lapse of time. The Court decisively rejected both objections. It held that since the disappearance occurred during the journey commencing from Ernakulam, the Kerala High Court possessed jurisdiction to issue directions for investigation. Furthermore, the Court condemned the pessimistic attitude of the CBI, emphasizing that a premier investigative agency must not dismiss the case merely because of the passage of time, especially when a paramilitary jawan is involved and the family has been persistently seeking justice for over a decade.
The Court also expressed deep empathy for the petitioner, who had tirelessly pursued all available remedies, including filing complaints with multiple police authorities and approaching the High Court within six months of his son's disappearance. The Court observed the case as one of the "rarest" where intervention was warranted despite the prolonged delay.
Accordingly, the Court ordered:
1. The investigations related to Crime Nos. 29/2012 (Railway Police Station, Ernakulam) and 170/2012 (Visakhapatnam Government Railway Police Station) be transferred to the CBI forthwith.
2. The competent CBI authority shall assign a suitable officer to conduct a thorough probe covering all aspects of the disappearance.
3. The State Police Chiefs of Kerala and Andhra Pradesh are directed to immediately transmit all existing investigation records to the CBI officer in charge.
This ruling reinforces the principle that jurisdiction in offenses committed during journeys extends to courts where the journey passes through, thereby empowering victims and their families to seek justice even when the incident spans multiple states. The judgment also underscores the judiciary's resolve to ensure no case of disappearance, especially involving defense personnel, is left unresolved due to jurisdictional technicalities or lapse of time.
Bottom Line:
Missing paramilitary jawan during train journey from Ernakulam to Guwahati - High Court held that it has territorial jurisdiction under Article 226 of Constitution by applying principle underlying Section 183 Cr.P.C. / Section 203 Bharatiya Nagarik Suraksha Sanhita, 2023 relating to offence committed during journey or voyage - In rarest case, despite lapse of 14 years, CBI investigation directed considering persistent efforts of father and failure of State police agencies to trace missing person.
Statutory provision(s):
Article 226, Constitution of India, 1950; Section 183, Criminal Procedure Code, 1973; Section 203, Bharatiya Nagarik Suraksha Sanhita, 2023
Balan P.K. v. State of Kerala, (Kerala) : Law Finder Doc Id # 2990541
