Polliyancy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.2.2016 Coram:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.2090 of 2015 Polliyancy .. Petitioner/Mother of the detenue vs.

1. The Superintendent of Police Vellore District Vellore

2. The Sub Inspector of Police Elagiri Hills Police Station Tirupathur, Vellore District .. Respondents H.C.P. has been filed under Article 226 of the constitution of India to issue a writ of Habeas Corpus directing the respondents 1 and 2 to produce the body of the petitioner's son Ramalingam, aged about 35 years, before this Court and set him at liberty.

For petitioner : Mr.K.Kannan For Respondent : Mr.V.M.R.Rajentren Additional Public Prosecutor

O R D E R

(The Order of the Court was made by M.JAICHANDREN J.,) This Habeas Corpus Petition has been filed praying that this Court may be pleased to direct the respondents to produce the petitioner's son, namely, Ramalingam, aged about 35 years, before this Court and set him at liberty.

2. The petitioner has stated that the detenu has been missing since 2.6.2015. Therefore, the petitioner had lodged a complaint before the second respondent Police. However, no further steps had been taken, by the second respondent, to trace the detenu. The petitioner has further stated that she had also https://hcservices.ecourts.gov.in/hcservices/

made a complaint before the first and the second respondents stating that the detenu has been illegally detained by someone. Since no further action had been taken, by the respondents, the petitioner has preferred the present Habeas Corpus Petition.

3. Today, when the matter was listed for hearing, the Additional Public Prosecutor appearing for the respondents had submitted that the complaint lodged by the petitioner had been taken on file, in crime No.30 of 2015, on the file of the second respondent, as a man missing case and the second respondent is taking all the necessary steps to trace the detenu. In such circumstances, we do not find any reason to grant the relief, as prayed for by the petitioner, in the present Habeas Corpus Petition, at this stage. However, the second respondent is directed to continue with the investigation to trace the detenu and to take necessary steps, in accordance with law. Hence, the Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar lan To:

1. The Superintendent of Police Vellore District Vellore

2. The Sub Inspector of Police Elagiri Hills Police Station Tirupathur, Vellore District H.C.P.No.2090 of 2015 ctk co kra 23.03.2016 https://hcservices.ecourts.gov.in/hcservices/