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Madras High CourtHCP/191/2015closed

Smt.Jayalakshmi v. The Inspector Of Police

2015-11-23Honourable Mr Justice P. N. Prakash,Honourable Mr Justice R. Sudhakar2 pages

In the High Court of Judicature at Madras Dated: 23.11.2015 Coram The Honourable Mr.JUSTICE R.SUDHAKAR and The Honourable Mr.JUSTICE P.N.PRAKASH Habeas Corpus Petition No.191 of 2015 Smt.Jayalakshmi .... Petitioner Vs.

1. The Inspector of Police, Pallapatti Police Station, Salem.

2. The Superintendent of Police, Salem District, Salem.

.... Respondents PETITION under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus directing the respondents to produce the body of her husband Mr.B.Mahesh and set him at liberty.

For Petitioner : Mr.S.Sivakumar For Respondents : Mr.A.N.Thambidurai, Addl. Public Prosecutor ----------

O R D E R

(Order of the Court was made by P.N.PRAKASH,J.) This Habeas Corpus Petition is filed by the wife of the detenu, B.Mahesh, seeking direction to the respondents to produce the detenu before this Court and set him at liberty.

2. It is the case of the petitioner that her husband went missing on 21.11.2014, in connection with which a case in Crime No.604 of 2014 for man missing has been registered on 24.11.2014 and investigation is pending.

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3. The respondent has filed status report detailing the steps that have been taken by them to secure the detenu. Despite the steps taken they are unable to trace the detenu and still they are taking sincere and effective steps to trace him. Since the alleged detenu is major and investigation is pending in Crime No.604 of 2014, we are of the opinion that it is not a case of illegal detention warranting issuance of Writ of Habeas Corpus. Accordingly, this Habeas Corpus Petition stands closed with a direction to the respondent police to proceed with the investigation in Crime No.604 of 2014 and keep the petitioner informed about the developments.

sl Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To

1. The Inspector of Police, Pallapatti Police Station, Salem.

2. The Superintendent of Police, Salem District, Salem.

3. The Public Prosecutor, High Court, Madras. + 1 cc to Mr.S.Sivakumar, Advocate Sr 63811.

BVR/CO KR/10/12 H.C.P.No.191 of 2015 https://hcservices.ecourts.gov.in/hcservices/