V.Vignesh v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 07.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUDHAKAR AND THE HONOURABLE MR. JUSTICE P.N.PRAKASH H.C.P. NO. 2799 OF 2014 V.Vignesh .. Petitioner - Vs -

1. The Inspector of Police R-3, Ashok Nagar Police Station Ashok Nagar, Chennai.

2. Velu @ Vadivelu .. Respondents Petition filed for the issuance of a writ of habeas corpus directing the first respondent to produce the petitioner's mother, V.Deivanai, aged about 40 years, under the illegal detention of the second respondent, before this Court and set her at liberty.

For Petitioner : Mr. G.A.Thiyagarajan For Respondents : Mr. A.N.Thambidurai, APP for R-1

ORDER

(DELIVERED BY P.N.PRAKASH, J.) This petition has been filed by the petitioner for a direction to the first respondent to produce the petitioner's mother, Deivanai, aged about 40 years, under the illegal detention of the second respondent, before this Court and set her at liberty.

2. Heard the learned counsel appearing for the petitioner and the learned Addl. Public Prosecutor appearing for the first respondent.

3. It is the case of the petitioner that his mother, Deivanai, aged about 40 years, went missing in connection with which a case in Crime No.1391/2014 for 'Woman Missing' has been registered by the respondent police. However, inspite of registration of the case, since no effective steps have been https://hcservices.ecourts.gov.in/hcservices/

taken by the respondent police to secure the detenue, the present petition has been filed.

4. The respondent police have filed status report before this Court narrating the steps that have been taken by them to secure the detenue. The report reveals that the respondent police have formed special teams and have been trying to trace the detenue and that investigation is in progress.

5. It is evident from the averment made by the petitioner that the detenue had left her house on her own volition with the second respondent. In such circumstances, this Court is of the considered view that since the detenue has voluntarily left her house, the question of illegal detention of the detenue by the second respondent, warranting issuance of a writ of habeas corpus, does not arise.

6. Accordingly, this habeas corpus petition is closed with a direction to the respondent police to proceed with the investigation and keep the petitioner informed of any development/break through in the case.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar GLN To

1. The Inspector of Police R-3, Ashok Nagar Police Station Ashok Nagar, Chennai.

2. The Public Prosecutor High Court, Madras.

H.C.P. NO.2799 OF 2014 aa18/12/2015 https://hcservices.ecourts.gov.in/hcservices/