D.Balan, M/A 60 Years, v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.2046 of 2017 D.Balan ... Petitioner/Father of Detenue -Vs1.The Inspector of Police, Mangadu Police Station, Mangadu, Chennai District.

2.The Inspector of Police, W-30, All Women Police Station, Poonamallee, Chennai District.

3.The Inspector of Police, Thimiri Police Station, Thimiri, Arcot Taluk, Vellore District.

4.Marimuthu 5.Anjalam ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records relating to petitioner's missing daughter Sathya, her husband Sivakumar and their daughter Tamilselvi from the file of the Respondents 1 to 3 and direct the respondents 1 to 3 herein to produce petitioner's daughter Sathya, aged 27 years, her husband Sivakumar, aged 32 years and their daughter Tamilselvi, aged 7 years and hand over them to him.

For Petitioner :

Ms.S.P.Arthi For Respondents:

Mr.R.Prathap Kumar Additional Public Prosecutor For RR1 to 3

ORDER

[Order of the Court was made by C.T.SELVAM, J.] Petitioner, who is the father of detenue viz., Sathya, aged 27 years, seeks production of his daughter, her husband Sivakumar, aged 32 years and their daughter Tamilselvi, aged 7 years.

2. Heard learned counsel for petitioner and learned Additional Public Prosecutor for respondents 1 to 3.

3. Mr.A.Karthick, Sub-Inspector of Police, Mangadu Police Station, Mangadu, Chennai District, is present before this Court. On perusal of records furnished by him, it is seen that on 23.11.2015, petitioner, under his own hand informed the second respondent that he would approach the proper jurisdictional police seeking redress. Such communication reveals that enquiries have been made of the respondents 4 and 5 in the present petition and that they do not know the whereabouts of the missing persons viz., daughter of petitioner, her husband Sivakumar and minor child. It is the complaint of the petitioner dated 23.11.2015 preferred with second respondent, which is the basis of present Habeas Corpus Petition and the letter of even date given by the petitioner to the second respondent makes clear that petitioner would move by way of proper complaint before jurisdictional police.

4. In the circumstance, this Habeas Corpus Petition does not survive consideration. Accordingly, the Habeas Corpus Petition is closed.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar kmi To 1.The Inspector of Police, Mangadu Police Station, Mangadu, Chennai District.

2.The Inspector of Police, W-30, All Women Police Station, Poonamallee, Chennai District.

3.The Inspector of Police, Thimiri Police Station, Thimiri, Arcot Taluk, Vellore District.

4. The Public Prosecutor High Court, Madras-104.

+1 CC to Ms.S.P. Arthi, Advocate sr 19170.

H.C.P.No.2046 of 2017 PVS(CO) SP(09/04/2018)