D.Komala v. The Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2022

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA H.C.P.NO.112 OF 2022 D.Komala

...Petitioner

Vs.

1.The Deputy Commissioner of Police, Ambattur District, Avadi, Chennai - 600 054.

2.The Inspector of Police, T-10, Police Station, Thirumullaivayil, Ambattur.

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents police to secure and produce the father of the petitioner O.Parthasarathy, S/o.Ochiyappa, aged about 80 years, before this Court and set him at liberty.

For Petitioner :

Ms.V.S.Ghousi Banu 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/police to secure and produce the father of the petitioner O.Parthasarathy, S/o.Ochiyappa, aged about 80 years, before this Court and set him at liberty.

2. It is the case of the petitioner that her father O.Parthasarathy is a retired employee of Customs Department and he is a pensioner. It is the further case of the petitioner that her father, who was 80 years old, went missing from 23.01.2020 and thereafter, his whereabouts are not known.

3. It is not the case of the petitioner that her father is in the illegal custody of the respondents.

4. The learned counsel for the petitioner submitted that the petitioner's mother, who would be entitled to family pension, is not getting the same, because, it is not known as to whether the petitioner's father O.Parthasarathy is still alive or not.

5. The learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Thirumullaivoyal Police Station Crime No.67 of 2020 has been registered on 26.01.2020 for 'man missing' and investigation is in progress. He further submitted that O.Parthasarathy could have been a victim of COVID-19 pandemic and have lost his life, as he was already 80 years old in 2020.

6. There appears to be some force in the aforesaid submission made by the learned Additional Public Prosecutor.

7. In a case of this nature, we cannot issue a writ of habeas corpus as the petitioner's father O.Parthasarathy is not in the illegal custody of anyone and he has gone missing.

8. Therefore, we direct the Assistant Commissioner of Police, Avadi Sub-Division, to supervise the investigation in Thirumullaivoyal Police Station Crime No.67 of 2020 and keep the petitioner informed of the developments, if any. As and when O.Parthasarathy, aged about 80 years, is secured, he shall be produced before the Judicial Magistrate Court, Ambattur, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders in accordance with law. In the meanwhile, it is open to the petitioner and her mother to work out their remedies before the appropriate forum with regard to terminal benefits and other estate matters of O.Parthasarathy. If, after a reasonable period of investigation and diligent search, the police are not able to find out the whereabouts of O.Parthasarathy, they may file a non-traceable closure report in Crime No.67 of 2020 before the Judicial Magistrate, Ambattur and inform the same to the petitioner. With the above directions, this habeas corpus petition stands closed.

Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar nsd

To 1.The Judicial Magistrate, Ambattur.

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

3.The Deputy Commissioner of Police, Ambattur District, Avadi, Chennai - 600 054.

4.The Inspector of Police, T-10, Police Station, Thirumullaivayil, Ambattur.

5.The Public Prosecutor, High Court, Madras.

+1cc to M/s.A.Abdul Rahim, Advocate Sr.No.5407 H.C.P.No.112 of 2022 CP(CO) RVM(10/02/2022)