Mangalakshmi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04-03-2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN HABEAS CORPUS PETITION No.1240 of 2015 Mangalakshmi .. Petitioner vs 1.The Inspector of Police, Kannagi Nagar, Okiyam Duraipakkam, Chennai.

2.Sheela .. Respondents Habeas corpus petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the first respondent to produce the petitioner's husband Vinayagam, who is under the illegal custody of the second respondent, before this Court and hand over him to the petitioner.

For Petitioner : Mr.G.Mageshkumar For Respondents : Mr.V.M.R.Rajentren Additional Public Prosecutor for R1

ORDER

(Order of the Court was delivered by M.JAICHANDREN, J.) This habeas corpus petition has been filed praying that this Court may be pleased to direct the first respondent to produce the husband of the petitioner viz. Vinayagam, who is in the illegal custody of the second respondent, before this Court and to hand over his custody to the petitioner. 2.The petitioner has stated that she is the wife of the detenu viz. Vinayagam. The detenu has been missing from 6.4.2015. Hence, the petitioner had preferred a complaint before the first respondent police, on 9.5.2015, and the said complaint was given C.S.R. No.228 of 2015. However, as no https://hcservices.ecourts.gov.in/hcservices/

effective steps had been taken, by the first respondent, to trace the detenu, the petitioner had preferred the present habeas corpus petition before this Court.

3.A status report, dated 7.7.2015, had been filed before this Court, on behalf of the first respondent. It has been stated that the complaint lodged by the petitioner, had been registered as C.S.R.No.228/2015, dated 9.5.2015, and that a case had also been registered by J-11 Kannagi Nagar Police Station, in Crime No.1741 of 2015, as a "man missing" case, and necessary steps are being taken to trace the detenu. 4.In such circumstances, we are of the considered view that no further orders are necessary in the present habeas corpus petition. Hence, the habeas corpus petition stands closed. However, we make it clear that the first respondent shall continue the investigation to trace the detenu and to take necessary steps in accordance with law.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To:

1.The Inspector of Police, Kannagi Nagar, Okiyam Duraipakkam, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Maheshkumar, Advocate sr.14788 H.C.P.No.1240 of 2015 svi(CO) srg(14/02/2016) https://hcservices.ecourts.gov.in/hcservices/