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Madras High CourtHCP/194/2022closed

Priya Natesan v. The State Of Tamil Nadu

2022-02-10Honourable Mr Justice P. N. Prakash,Honourable Mr Justice A.A.Nakkiran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice A.A.NAKKIRAN H.C.P.No.194 of 2022 Priya Natesan .. Petitioner Vs.

1. State of Tamil Nadu represented by The Commissioner of Police, Tambaram Commisionerate, Sholinganallur - 600 119.

2. The Inspector of Police, S-14, Peerkankaranai Police Station, Peerkankaranai - 600 063.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents to produce the body of the petitioner's husband Natesan, S/o.Elumalai, aged about 37 years, who found missing from 21.06.2021 before this Court and set him at liberty. For Petitioner : Mr.R.Sivakumar For Respondents : Mr.R.Muniyapparaj, Addl. Public Prosecutor

ORDER

[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking a direction to the respondents to produce the body of the petitioner's husband Natesan, S/o.Elumalai, aged about 37 years, who found missing from 21.06.2021 before this Court and set him at liberty.

2.

It is the case of the petitioner that she got married to Natesan around nine years ago and through the wedlock, she has a daughter Subhiksha, aged about 9 years; while that being so, her husband went missing from 21.06.2021 and thereafter, his whereabouts are not known. It is the grievance of the petitioner that the police are not taking effective steps to secure her husband, despite her complaint.

3.

Today T.Kavitha (Mobile No.94981 97744), Women Grade I 31846, S-14, Peerkankaranai Police Station, is present. 4.

Heard Mr.R.Siva Kumar, learned counsel for the petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor appearing for the respondents.

5.

On instructions, the Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Peerkankaranai Police Station Crime No.462 of 2021 has been registered for 'man missing' and investigation is in progress. In view of the above, this habeas corpus petition stands closed with a direction to the Assistant Commissioner of Police, Guduvancherry Sub-Division, to supervise the investigation in Peerkankaranai Police Station Crime No.462 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenu Natesan, aged about 37 years, is secured, he shall be produced before the Judicial Magistrate Court No.I, Tambaram, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar nsd To 1.The Judicial Magistrate No.I, Tambaram.

2.The Assistant Commissioner of Police, Guduvancherry Sub-Division.

3.The Commissioner of Police, Tambaram Commisionerate, Sholinganallur - 600 119.

4.The Inspector of Police, S-14, Peerkankaranai Police Station, Peerkankaranai - 600 063.

5.The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Sivakumar, Advocate SR. No.9129 H.C.P.No.194 of 2022 NSD (CO) PR (28/02/2022)