J.Selvi v. The Station House Officer

In the High Court of Judicature at Madras Dated: 24.11.2015 Coram The Honourable Mr.JUSTICE R.SUDHAKAR and The Honourable Mr.JUSTICE P.N.PRAKASH Habeas Corpus Petition No.3084 of 2014 J.Selvi .... Petitioner/Sister of the detenue Vs.

The Station House Officer, Orleanpet Police Station, Puducherry.

.... Respondent PETITION filed under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus directing the respondent to produce the person or body of the petitioner's brother S.Manavalan before this Court and set him at liberty.

For Petitioner : Mr.M.Gnanasekar For Respondents: Mr.R.Balamurugan, G.A.(Pondy)

O R D E R

(Order of the Court was made by P.N.PRAKASH,J.) This Habeas Corpus Petition is filed by the brother of the detenu namely, S.Manavalan for a direction to the respondent to produce the detenue before this Court and set him at liberty.

2. It is the case of the petitioner that her brother went missing, in connection with which a case in Crime No.283 of 2014 has been registered by the respondent police for man missing on 02.11.2014. Learned Government Advocate (Pondy) appearing for the respondent, on instruction, submits that during the course of investigation, the detenu was murdered and the police have obtained the bones and they were sent for DNA profiling with that of the parents of the detenu. He further submits that DNA report is awaited and the case in Crime No.283 of 2014 was altered into one under Sections 302, 143, 363, 364, 201 read with 149 and 109 IPC and one Jeyamari and five others have been arrested.

https://hcservices.ecourts.gov.in/hcservices/

3. The above submission of the learned Government Advocate (Pondy) is recorded.

4. In such circumstances, in view of the pendency of the investigation in Crime No.283 of 2014, for the present, we do not want to keep this H.C.P pending except directing the respondent police to proceed with the investigation in Crime No.283 of 2014 diligently. Accordingly, this Habeas Corpus Petition stands closed for the present.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sl To

1. The Station House Officer, Orleanpet Police Station, Puducherry.

2. The Public Prosecutor, High Court, Madras. for Pondicherry.

+1 cc to The Public Prosecutor for Pondicherry, sr.63684 H.C.P.No.3084 of 2014 ctk co kra 18.12.2015 https://hcservices.ecourts.gov.in/hcservices/