Bhuvaneswari v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice A.A.NAKKIRAN H.C.P.No.343 of 2022 Bhuvaneshwari .. Petitioner/Wife of Detenue Vs.

1.The Superintendent of Police, Kancheerpuram District.

2.The Inspector of Police, Walajabad Police Station, Kancheepuram District.

.. Respondents/Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 2nd respondent herein to produce the body of the detenu by name Prakasam, S/o. Jesudas, aged about 47 years, before this Court and set her at liberty.

For Petitioner : Mr.P.Dinesh Kumar For Respondents : Mr.R.Muniyapparaj, Addl. Public Prosecutor

ORDER

[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking a direction to the 2nd respondent herein to produce the body of the detenu by name Prakasam, S/o. Jesudas, aged about 47 years, before this Court and set her at liberty.

2.

It is the case of the petitioner that she got married to Prakasam around seven years ago, which is a second marriage; through the wedlock, she has a male child Rithul, aged about 6 years; while that being so, her husband went missing from 15.02.2022 and thereafter, his whereabouts are not known. https://hcservices.ecourts.gov.in/hcservices/

3.Today, G.Vasudevan (Mobile No.94981 34722), Head Constable-243, B-5, Walajabad Police Station, Kancheepuram, is present.

4.On instructions, the Additional Public Prosecutor submitted that on a complaint lodged by the petitioner, a case in Walajabad Police Station Crime No.105 of 2022 was registered on 16.02.2022 for 'man missing' and investigation is in progress.

In such view of the matter, this habeas corpus petition stands closed with a direction to the Deputy Superintendent of Police, Kancheepuram Sub-Division, to supervise the investigation in Walajabad Police Station Crime No.105 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenu Prakasam, aged about 47 years, is secured, he shall be produced before the Judicial Magistrate Court No.I, Kancheepuram, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar nsd To 1.The Judicial Magistrate No.I, Kancheepuram.

2.The Deputy Superintendent of Police, Kancheepuram Sub-Division.

3.The Superintendent of Police, Kancheerpuram District.

4.The Inspector of Police, Walajabad Police Station, Kancheepuram District.

5.The Public Prosecutor, High Court, Madras.

H.C.P.No.343 of 2022 RP(CO) GN(18/03/2022) https://hcservices.ecourts.gov.in/hcservices/