Raman Badyal v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Raman Badyal .. Petitioner Vs 1.State of Tamil Nadu rep. By the Superintendent of Police, Kancheepuram District.

2.The Inspector of Police, Thiruverkadu Police Station, Thiruverkadu, Chennai - 77.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the respondents to produce the body of Mr.Rahul Badyal, aged about 39 years, brother of the petitioner herein before this Court and set him at liberty.

For Petitioner :

Mr.K.Venkatesan For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John Page Nos.1/4

ORDER

[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of captioned 'Habeas Corpus Petition'. ('HCP' for the sake of convenience and clarity). 2.

Captioned HCP has been filed saying that petitioner's elder brother is missing.

3.

To be noted, there is no disputation or disagreement that the petitioner's elder brother is a major and he is 39 years old. 4.

Be that as it may, pursuant to a complaint given by the petitioner, the jurisdictional police have commenced investigation and a status report dated 27.03.2023 has been placed before us. To be noted, this is a status report from the second respondent i.e., Inspector of Police of the jurisdictional police station. A perusal of this report brings to light that investigation is in progress and that the jurisdictional police is hopeful of locating the absentee. However, it is clear that this is not a case of illegal detention or illegal custody. Therefore, it will be curtains qua the captioned HCP. However, we deem it appropriate to say that the investigation shall proceed on its Page Nos.2/4

own merits and in accordance with law. We are informed that the jurisdictional Magistrate is Judicial Magistrate II, Poonamallee. On the absentee being located, let the absentee be produced before the jurisdictional Judicial Magistrate.

5.

While we drop the curtains on the captioned HCP, we make it clear that the rights of the petitioner are preserved for coming up with suitable proceedings if there is inordinate delay or any other change in circumstances.

6.

Captioned HCP is disposed of as closed.

(M.S.,J.) (M.N.K.,J.) 27.03.2023 Index : Yes / No mmi To 1.The Superintendent of Police, Kancheepuram District.

2.The Inspector of Police, Thiruverkadu Police Station, Thiruverkadu, Chennai - 77.

3.The Judicial Magistrate II, Poonamallee.

4.The Public Prosecutor, High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and M.NIRMAL KUMAR, J., mmi 27.03.2023 Page Nos.4/4