Madras High CourtHCP/2946/2014dismissed

S.Indrani v. The Commissioner Of Police

2016-02-12Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice S. Nagamuthu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2016 Coram:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN H.C.P.No.2946 of 2014 S.Indrani .. Petitioner vs.

1. The Commissioner of Police, Vepery, Chennai-7.

2. The Inspector of Police, S7, Madipakkam Police Station, Madipakkam, Chennai-91.

3. The Inspector of Police, H.8, Thiruvotriyur Police Station, Thiruvotriyur, Chennai-19.

4. The Secretary, Ministry of Home Affiars, North Block, New Delhi.

5. The Secretary, Ministry of Child and Women Development, Shastri Bhavan, Dr.Rajendra Prasad Road, New Delhi.

6. The Secretary, Ministry of Communication and Information Technology Electronics Niketan, 6, CGO Complex, Lodhi Road, New Delhi.

.. Respondents (R 4 to R6 were impleaded as per the order of this Court dated 23.02.2015 in M.P.No.1 of 2015) H.C.P. has been filed for a writ of Habeas Corpus directing the respondents 1 to 3 to produce the detenue by name M.Prema, aged about 40 years before this Court and to set her at liberty.

For petitioner : Mr.T.Sundaravadanam For Respondents : Mr.A.N.Thambidurai, 1 to 3 Addl. Public Prosecutor (Crl.side) For R4 to R6 : Mr.Su. Srinivasan ASG

O R D E R

The petitioner is the mother of one Mrs.Prema, aged about 40 years. It is alleged that she has been found missing from 13.10.2014 onwards. In this regard, on a complaint made by the petitioner, a case has been registered by the 2nd respondent in Cr.No.1584 of 2014 on 13.10.2014 for 'Woman Missing' and the same is under investigation. Since the missing woman has not been detected, the petitioner has come up before this Court with this Habeas Corpus Petition.

This petition has been pending from the year 2014 onwards. It is brought to the notice of this Court that effective steps have been so far taken by the 2nd respondent police to trace out the missing woman. But, she could not be traced so far.

In our considered opinion, since it is not a case of any illegal detention and since the investigation is in progress, there is no purpose in keeping the Habeas Corpus Petition pending. Therefore, the Habeas Corpus Petition is dismissed, however, with a direction to the 2nd respondent to expedite the investigation of the case and to trace out the missing woman.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar tsi To: