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Madras High CourtHCP/3163/2015dismissed

D.Balaji v. The Superintendent Of Police

2016-02-08Honourable Mr Justice S. Nagamuthu,Honourable Mr Justice M. Jaichandren2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.3163 of 2015 D.Balaji .. Petitioner.

Versus

1. Superintendent of Police, Villupuram, Villupuram District.

2. Inspector of Police, (Law and Order) Valavanur Police Station, Villupuram District.

.. Respondents.

Prayer: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Habeas Corpus, directing the 2nd respondent police to produce the Corpus of Mr.J.Vignesh, son of Jambulingam, aged about 23 years before this Court. For Petitioner : Mr.A.K.Rajaraman For Respondent : Mr.V.M.R.Rajentran Additional Public Prosecutor

ORDER

(Order of the Court was made by M.JAICHANDREN,J) Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing on behalf of respondents.

2. This Habeas Corpus Petition has been filed by the petitioner, who is the uncle of the detenu, namely, J.Vignesh, aged about 23 years. He had filed the Habeas Corpus Petition praying that this court may be pleased to direct the 2nd respondent police to produce the Corpus of Mr.J.Vignesh, son of Jambulingam, aged about 23 years, before this Court.

3. It has been stated that the detenu, had a quarrel with his mother, on 30.11.2013, relating to his unemployment. Thereafter, the detenu has been missing. Hence, the petitioner, had lodged a complaint with the 2nd respondent, on 30.01.2014. https://hcservices.ecourts.gov.in/hcservices/

The said complaint has been registered as FIR.No.92 of 2014, as a "Man Missing" case. Since, no further steps have been taken, the petitioner had preferred the present Habeas Corpus Petition before this Court.

4. At this stage of the hearing of the Habeas Corpus Petition, a status report has been filed by the 2nd respondent, dated 03.02.2016, narrating the steps taken by the 2nd respondent to trace the detenu. It has also been stated that a Special Team had been formed and the said team had visited various places to trace the detenu. In such circumstances, we are of the view that no further order is necessary in the present Habeas Corpus Petition, as the 2nd respondent is taking necessary steps to trace the detenu.

5. Hence, the Habeas Corpus Petition stands dismissed. However, it is made clear that the 2nd respondent shall continue the investigation and trace the detenu and proceed in accordance with law.

rg s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar To

1. Superintendent of Police, Villupuram, Villupuram District.

2. Inspector of Police, (Law and Order) Valavanur Police Station, Villupuram District.

3. The Public Prosecutor High Court, Madras kgk(co) prk29/2 H.C.P.No.3163 of 2015 https://hcservices.ecourts.gov.in/hcservices/