Ansari v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice P.RAJAMANICKAM H.C.P.No.406 of 2021 Ansari ... Petitioner Vs.

1.The Commissioner of Police, Greater Chennai, Commissioner Office, Vepery, Chennai - 7.

2.The Inspector of Police, T-14, Mangadu Police Station, Chennai.

3.Manoj Kumar ... Respondent Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to direct the respondents to produce the petitioner's wife viz., Sumaiya, aged about 27 years, before this Court and set her at liberty forthwith.

For Petitioner :

Mr.D.Michael Praveen Daniel For RR 1 and 2 :

Mr.R.Prathap Kumar Additional Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH,J.] This habeas corpus petition has been filed seeking to direct the respondents to produce the petitioner's wife viz., Sumaiya, aged about 27 years, before this Court and set her at liberty forthwith.

2.

It is the case of the petitioner that his wife Sumaiya, aged about 27 years, went missing from 28.01.2021 and that the police are not taking effective steps to secure her. 3.

On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Mangadu Police Station Crime No.49 of 2021 for 'woman missing' was registered on 31.01.2021 and during the course of investigation, it came to light that Sumaiya (detenue) has eloped with one Manoj Kumar, third respondent herein. Recording the same, this habeas corpus petition is closed with a direction to the Assistant Commissioner of Police, Porur, SRMC, Chennai, to monitor the investigation in Mangadu Police Station Crime No.49 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue Sumaiya, aged about 27 years, is secured, she may be produced before the Judicial Magistrate Court, Sriperumbudur, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders in accordance with law. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar nsd To 1.The Judicial Magistrate, Sriperumbudur.

2.The Assistant Commissioner of Police, Porur, SRMC, Chennai.

3.The Commissioner of Police, Greater Chennai, Commissioner Office, Vepery, Chennai - 7.

4.The Inspector of Police, T-14, Mangadu Police Station, Chennai.

5.The Public Prosecutor, Madras High Court, Chennai - 600 104.

+1cc to Mr.N.Naresh, Advocate Sr.15496 H.C.P.No.406 of 2021 gpl[co] srg 24/03/2021