Thirumalai v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN H.C.P.No.529 of 2024 Thirumalai ... Petitioner Vs.

1.State Rep. by The Superintendent of Police, Office of Superintendent of Police, Coimbatore District.

2.State Rep. by The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Coimbatore District.

3.State Rep. by The Sub Inspector of Police, Alandurai Police Station, Coimbatore District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the petitioner's brother Mr.Ganesan [Age 46 years] S/o.Chellaiah before this

Hon'ble Court within the time stipulated by this Hon'ble Court and let him at liberty.

For Petitioner : Mr.S.Ramesh For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor assisted by Mr.C. Aravind

ORDER

M.S.RAMESH, J.

AND SUNDER MOHAN, J.

When the petitioner's brother, namely Ganesan, aged about 46 years, had gone missing, a complaint dated 05.03.2023 was given before the third respondent police and the same was registered in Crime No.26 of 2023. Since no steps were taken by the third respondent police to trace his brother, the petitioner has filed the present Habeas Corpus Petition.

2. Today, when the matter was called, the learned Additional Public Prosecutor submitted that an FIR was registered in Crime No.26/2023 on 05.03.2023 as 'man missing' and that the third respondent is conducting the investigation to locate the petitioner's brother.

3. Since an FIR had already been registered and the respondents are in the process of investigating the same, we deem it fit that the third respondent could be directed to expedite the investigation and file a final report.

4. In view of this decision, the prayer sought for in the present Habeas Corpus Petition does not require consideration. Accordingly, there shall be a direction to the second respondent herein, to expedite the investigation in Crime No.26/2023 and file a final report, as expeditiously as possible.

5. With the above direction, the Habeas Corpus Petition stands closed. No costs.

[M.S.R., J] [S.M., J] 07.06.2024 Index: Yes/No Tsg

To 1.State Rep. by The Superintendent of Police, Office of Superintendent of Police, Coimbatore District.

2.State Rep. by The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Coimbatore District.

3.State Rep. by The Sub Inspector of Police, Alandurai Police Station, Coimbatore District.

4.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and SUNDER MOHAN, J.

Tsg H.C.P.No.529 of 2024 07.06.2024