R.Thangarasu v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.2869 of 2023 R.Thangarasu ...

Petitioner Vs.

The State Represented by The Inspector of Police, T-16, Nazarath Pettai Police Station, Nazarathpet, Avadi Taluk, Tiruvallur District.

(Crime No.294 of 2022) ...

Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent Police to investigate and to file a final report in Cr.No.294 of 2022 pending on the file of the respondent. For Petitioner : Mr.S.V.S.Ilamvazhuthi For Respondent : Mr.S.Santhosh Government Advocate (Crl side)

ORDER

This Criminal Original Petition has been filed to direct the respondent Police to investigate and to file a final report in Cr.No.294 of 2022 pending on the file of the respondent.

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2.The learned counsel for the petitioner submitted that petitioner gave a complaint to the respondent Police alleging that his son T.Velarasan was missing. On the basis of his complaint, First Information Report in Cr.No.294 of 2022 under the caption "Man Missing" was registered on 08.11.2022 by Nazarethpet Police Station. So far petitioner's son was not traced by the respondent Police. Petitioner filed H.C.P.No.2234 of 2022 on the file of this Court. This Court on 09.11.2022 passed the following order:- 6.It is not the case of the petitioner that his son is in the illegal custody of the respondents 1 and 2 for the issuance of a Writ of habeas corpus.

In such view of the matter, this habeas corpus petition stands closed with a direction to the Inspector of Police, Nazarathpettai Police Station, Chennai, to proceed with the investigation in Crime No.294 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenu Velarasan, aged about 23 years, is secured, he shall be produced before the Judicial Magistrate Court No.I, Poonamallee, Chennai, under intimation to the petitioner. On such production, the learned Magistrate may pass appropriate orders with regard to custody in accordance with law.

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3.Till now petitioner's son is not traced and therefore this petition. 4.The learned Government Advocate (Criminal side) submitted that petitioner's son Velarasan sent a letter to the Inspector of Police stating that the Police had enquired him in connection with the complaint given by his father. He was not kidnapped by anyone. He married his lover and has a girl child namely Pragathi through the marriage. His parents do not like the marriage and therefore he is living with his parent-in-law. 5.On the basis of his letter, a letter dated 05.02.2023 had been sent to petitioner informing that petitioner's son was traced and that he would be produced before the learned Judicial Magistrate No.I, Poonamalee. Accordingly, petitioner's son Velarasan was produced before the learned Judicial Magistrate No.I, Poonamallee, yesterday. 6.

In the light of the submission made by the learned Government Advocate (Criminal side) that petitioner's son was traced and produced before the learned Judicial Magistrate No.

and that he married his lover and has girl child through her, this Court finds that no order may be passed in this petition. The respondent Police is directed to file appropriate final report before the concerned Magistrate Court. 7.Accordingly, this Criminal Original Petition is disposed of. 14.02.2023 ep Internet:Yes Index:Yes/No Speaking/Non speaking order 4/6

To:

1.The Inspector of Police, T-16, Nazarath Pettai Police Station, Nazarathpet, Avadi Taluk, Tiruvallur District.

2.The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN, J.

ep Crl.O.P.No.2869 of 2023 14.02.2023 6/6