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Madras High CourtHCP/394/2020closed

A.Rani v. The State By

2021-02-05Honourable Mr Justice P. N. Prakash,Honourable Mr Justice V.Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2021

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.394 of 2020 A.Rani .. Petitioner Vs.

State represented by 1.The Superintendent of Police, Kancheepuram District Police, 2.The Inspector of Police, H-2, Guduvancheri Police Station, Guduvancheri, 3.K.Brindha .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus to direct first respondent to produce the petitioner's son A.Sridharan, S/o.G.Asokan, aged about 32 years, before this Court from the illegal custody of the 3rd respondent and set him at liberty. For Petitioner :

Mr.G.Parthasarathy For RR1 and 2 :

Mr.R.Prathap Kumar, Addl. Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] The habeas corpus petition has been filed seeking to direct first respondent to produce the petitioner's son A.Sridharan,

S/o.G.Asokan, aged about 32 years, before this Court from the illegal custody of the 3rd respondent and set him at liberty. 2.

It is the case of the petitioner that her son Sridharan, S/o.G.Asokan, aged about 32 years, went missing since 28.06.2012 and that the police are not taking effective steps to secure him.

3.

Today, Mr.A.Krishnamoorthi, Sub-Inspector of Police, H2, Guduvancheri Police Station, Guduvancheri, is present. 4.

On instructions, the learned Additional Public Prosecutor submitted that no complaint was given to the police immediately after the alleged missing of the said Sridharan; however, the petitioner filed a petition under Section 156(3) Cr.P.C. in the Judicial Magistrate Court, Chengalpattu, and on the orders of the learned Magistrate, the police have registered a case in Guduvancherry Police Station Crime No.217 of 2020 on 17.03.2020 for 'man missing' and investigation is in progress. Recording the same, this habeas corpus petition is closed with a direction to the Deputy Superintendent of Police, Vandalur Sub-Division, to monitor the investigation in Guduvancherry Police Station Crime No.217 of 2020 and keep the petitioner informed of the developments, if any. As and when the detenu is secured, he may be produced before the Judicial Magistrate Court No.II, Chengalpattu District, under intimation to the petitioner.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nsd To 1.The Judicial Magistrate No.II, Chengalpattu District.

2.The Deputy Superintendent of Police, Vandalur Sub-Division.

3.The Superintendent of Police, Kancheepuram District Police,

4.The Inspector of Police, H-2, Guduvancheri Police Station, Guduvancheri, 5.The Public Prosecutor, High Court, Madras.

SRA(CO) SM/05/03/2021 H.C.P. No.394 of 2020