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Madras High CourtHCP/201/2020disposed of

E.Harris v. The Union Territory Of Pondicherry

2020-12-23Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 23.12.2020

CORAM

The Honourable Mr Justice M.M.SUNDRESH and The Honourable Mr Justice D.KRISHNAKUMAR Habeas Corpus Petition No.201 of 2020 E.Harris ... Petitioner -Versus1.The Union Territory of Pondicherry Rep. by its Secretary to Government, Home Dept., Pondicherry 605 110.

2. The Senior Superintendent of Police, Union Territory of Pondicherry, Pondicherry 605110.

3. The Inspector of Police, Villiyanur Police Station, Pondicherry 605110.

4. Sri Lakshmi Narayana Medical College, Osudu Agaram Village, Villianur Commune, Kudapakkam Post, Pondicherry 605110.

... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents to produce the person or body of the Petitioner's son namely H.Jenis Jaya Kumar, aged about 31 years, before this Court and set him at liberty.

For Petitioner : Mr.S.Suganth Sam Abraham For Respondents : Mr.Bharatha Chakravarthy Public Prosecutor, Pondy for R1 to R3 Mr.S.S.Pajaniradja, CGSC for R4

ORDER

[Order of the court was made by Justice M.M.SUNDRESH] The petitioner is father of detenu seeking to produce him before this Court, as the detenu was found missing from the year 2007 while he was studying in fourth respondent College.

2. The learned Public Prosecutor submitted that earlier, complaint was closed as there was no clue. Investigation reveals that due to pressure exerted by the petitioner and his wife, the detenu ran away from the place in which he is studying and therefore, the case was closed as there was no clue. As the detenu is missing for more than a decade, we are inclined to close this petition. However, if the respondent No.3 receives any information regarding whereabouts of the detenu, the case will have to be reopened and the investigation shall continue.

4. Accordingly, the petition stands disposed of with the above directions.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government, Union Territory of Pondicherry Home Dept., Pondicherry 605 110.

2. The Senior Superintendent of Police, Union Territory of Pondicherry, Pondicherry 605110.

3. The Inspector of Police, Villiyanur Police Station, Pondicherry 605110.

4.The Public Prosecutor (Pondicherry), High Court, Chennai.

H.C.P.No.201 of 2020 rsv[co] srg 19/01/2021