R.Shanthi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 06.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUDHAKAR AND THE HONOURABLE MR. JUSTICE P.N.PRAKASH H.C.P. NO. 1430 OF 2015 R.Shanthi .. Petitioner - Vs -

1. The Inspector of Police S-7, Madipakkam Police Station Chennai 600 091.

2. The Commissioner of Police Greater Chennai Vepery Chennai 600 007.

3. V.P.S.Ramamoorthi

4. Thiyagarajan

5. Saraswathi

6. Swaminathan .. Respondents Petition filed for the issuance of a writ of habeas corpus directing the first respondent to secure the detenu, Racivhandran, S/o Ramamurthy, aged about 52 years, produce him before this Court and set him at liberty.

For Petitioner : Mr.R.Mohandoss For Respondents : Mr. A.N.Thambidurai, APP for RR-1 & 2

ORDER

(DELIVERED BY P.N.PRAKASH, J.) This petition has been filed by the petitioner for a direction on the respondent to secure the detenu, Ravichandran, S/o Ramamurthy, aged about 52 years, produce him before this Court and set him at liberty.

2. The petitioner has averred in the petition that after her marriage with the detenu in the year 1990, they were living

peacefully. However, misunderstanding arose between the detenu and the petitioner since 2000 and due to the said misunderstanding, the detenu started living with his parents since 2000. However, during January, 2013, the sister of the detenu informed the petitioner that the detenu is missing. Since the inquiries made by the petitioner yielded evasive results from the in-laws and other close relatives of the petitioner, the petitioner approached the police authorities for lodging a complaint. However, inspite of her best efforts, she could not lodge the complaint with the police authorities. Therefore, left with no alternative, the petitioner sent the complaint by registered post on 2.2.2013, which was received by the police. However, no action having been taken by the respondent to trace the detenu, the petitioner is before this Court by filing the present petition.

3. Heard the learned Addl. Public Prosecutor appearing for the respondents. There is no representation for the petitioner.

4. It is evident from the order sheet that there has been no representation on behalf of the petitioner for a considerable period of time. Today also, when the matter is taken up, there is no representation for the petitioner. Further, the order sheet also discloses that on an earlier occasion, respondents 4 to 6 were produced before this Court on 20.8.2015 and after inquiry the presence of respondents 4 to 6 were dispensed with on the ground that they have no knowledge about the whereabouts of the alleged detenu.

5. It is further informed by the learned Addl. Public Prosecutor that a case in Crime No.1997/2015 has been registered by the respondent police under the section 'Man Missing' on 12.8.2015 and that investigation is in progress.

6. In such view of the matter, recording the said statement, this habeas corpus petition is closed with a direction to the police authorities to proceed with the investigation and if there is any development/break through in the investigation, to keep the petitioner informed of the said development.

8. With the above observation, this habeas corpus petition is closed.

GLN Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar

To

1. The Inspector of Police S-7, Madipakkam Police Station Chennai 600 091.

2. The Commissioner of Police Greater Chennai Vepery, Chennai 600 007.

3. The Public Prosecutor High Court, Madras.

+ 1 cc to Mr.R.Mohandoss, Advocate Sr 62205.

NM/CO KR/11/12 H.C.P. NO.1430 OF 2015