A.V.L.Sakthivel v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2020

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8122 of 2019 A.V.L.Sakthivel, S/o. A.V.Loganathan, No.68/53, Kaliagnar Street, Kakanji Nagar, Pattabiram, Chennai-600 072, Chennai District.

... Petitioner Vs.

1.The State rep, The Commissioner of Police, Chennai District.

2.The Inspector of Police, Pattabiram Police Station, Chennai District.

... Respondents Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, directing to issue a Writ of Habeas Corpus or any other appropriate Writ, order or direction in the nature of Writ directing the Respondents 1 and 2 to produce the bodies of the petitioner's elder brother Mr. A.L. Arjun @ Kandhavel, male aged 43 years, his wife namely Mrs. A.Kavitha, Female, aged 42 years, his daughter A.Shivani, Female aged 13 years and A.Suryanarayanan, Male 7 years before this Court.

For Petitioner : Mr.Baskaran.L For Respondents : Mr.K.Prabakar Additional Public Prosecutor

O R D E R

This petition has been filed for seeking to direct the Respondents 1 and 2 to produce the bodies of the petitioner's elder brother Mr. A.L. Arjun @ Kandhavel, male aged 43 years, his wife namely Mrs. A.Kavitha, Female, aged 42 years, his https://hcservices.ecourts.gov.in/hcservices/

daughter A.Shivani, Female aged 13 years and A.Suryanarayanan, Male 7 years before this Court.

2.The learned Additional Public Prosecutor submitted that till today even after registering the FIR, the 2nd respondent did not conduct any enquiry in respect of complaint regarding missing of petitioner's brothers entire family members who stated to have been escaped from the erstwhile residence to Andhra Pradesh. They owed huge debt to neighbours on the complaint. On the complaint lodged by the petitioner, the second respondent registered a case in Crime No.93 of 2019 under the caption of man missing, women missing, boy missing and girl missing and the investigation is pending. 3.In view of the submission made by the learned Additional Public Prosecutor, the 2nd respondent is directed to conduct an enquiry and file a final report as expeditiously as possible.

4.With the above direction this petition stands disposed of. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsn To 1.The Commissioner of Police, Chennai District 2.The Inspector of Police, Pattabiram Police Station, Chennai District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.8122 of 2019 SSV(CO) CB(22/09/2020) https://hcservices.ecourts.gov.in/hcservices/