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Madras High CourtHCP/2186/2017closed

Poovathi @ Pappammal, v. The Superintendent Of Police,

2017-11-20Honourable Mr Justice N. Sathish Kumar,Honourable Mr Justice Rajiv Shakdher2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.11.2017 Coram THE HON'BLE MR.JUSTICE RAJIV SHAKDHER & THE HON'BLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.2186 of 2017 Poovathi @ Pappammal ... Petitioner Vs.

The State rep. By its 1.The Superintendent of Police Nagapattinam District @ Nagapattinam (Town) 2.The Inspector of Police (L&O) Keelaiyur Police Station, Nagapattinam District. 3.The Superintendent of Police Thiruvarur District @ Thiruvarur Town & District. 4.The Inspector of Police Muthupettai Police Station Muthupettai, Town, Thriuvarur District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents police to act upon the complaint of the petitioner dated 31.10.2017 and trace out the missing husband of her by name - Mr.Vittal Raj (M/A.45 yrs) from the hideouts of the above said anti-social elements and produce him body before this Court and set him at liberty.

For Petitioner : Mr.R.Ramaiah For Respondents : Mr.V.M.R.Rajentran, Addl. Public Prosecutor.

O R D E R

(Order of the Court was made by RAJIV SHAKDHER, J)

1. Issue notice. Mr.V.M.R.Rajentran, learned Additional Public Prosecutor accepts notice on behalf of the respondents.

2. The petitioner is the wife of the detenu / Vittal Raj. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Additional Public Prosecutor, on instructions, informs us that the detenu has died and his body has been recovered.

3.1. Furthermore, learned Additional Public Prosecutor, informs us that the body of the detenu has been identified by the petitioner and her son.

4. A copy of the statement made by the petitioner, on 12.11.2017, under Section 161 (3) Cr.P.C, is placed on record.

5. Counsel for the petitioner does not dispute this aspect of the matter.

6. The only contention is that the detenu was possibly murdered. We are told by the learned Additional Public Prosecutor that investigation, qua this aspect is on in Crime No.318 of 2017.

7. In view of the aforesaid circumstances, no further orders are called for in the instant petition.

8. Accordingly, the petition shall stand closed. The copy of the statement made by the petitioner, dated 12.11.2017 shall remain on record.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar vsm To 1.The Superintendent of Police Nagapattinam District @ Nagapattinam (Town) 2.The Inspector of Police (L&O) Keelaiyur Police Station, Nagapattinam District. 3.The Superintendent of Police Thiruvarur District @ Thiruvarur Town & District. 4.The Inspector of Police Muthupettai Police Station Muthupettai, Town, Thriuvarur District.

H.C.P.No.2186 of 2017 TR(13/12/2017) https://hcservices.ecourts.gov.in/hcservices/