K.Usha, Aged 52 Years, v. The Govt. Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.04.2017

CORAM

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.385 of 2017 K. Usha ... Petitioner Vs 1.The Government of Tamil Nadu, rep by its Secretary, Home Department, Chennai - 600 009

2. The Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007

4. The Inspector of Police, D-1, Triplicane Police Station, Triplicane, Chennai - 600 005 ... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue an Order, direction or writ in the nature of a Writ of Habeas Corpus directing the respondents 1 to 3 herein to search and produce petitioner's son being the detenue Mr.Prakash, S/o Dassaratharaman, aged about 32 years, No.70A, Anna Nagar, Pandi Road, 5th Cross Street, Dindivanam, Villupuram District.

For Petitioner :

Mr.V. Kamal For respondents:

Mr.V.M.R. Rajentren Additional Public Prosecutor

ORDER

(Order of the Court was made by S. NAGAMUTHU,J.,) This petition is the mother of one Mr.Prakash, aged about 32 years. According to the petitioner, Mr.Prakashas been found missing from 27.07.2016 onwards. In this regard, a complaint has been made to the respondent police, but so far, he has not been secured. Hence, the petitioner has come forward with this habeas corpus petition.

2.

Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that since the petitioner was making arrangement to get the detenu married and he is not willing for the same, he simply left the house and his whereabouts are not known. He further submitted that investigation is in progress.

3.

Recording the above submission, we find there is no illegal detention and we find no reason to reject the submission of the learned Additional Public Prosecutor. Since we are fully convinced that there is no illegal detention, no relief could be granted to the petitioner. Hence, the habeas corpus petition is dismissed. However, we direct the respondents police to expedite the investigation.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sr To 1.The Secretary, Government of Tamil Nadu, Home Department, Chennai - 600 009

2. The Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007

3. The Inspector of Police, D-1, Triplicane Police Station, Triplicane, Chennai - 600 005

4. The Public Prosecutor, High Court, Chennai.

+1cc to Mr.V.Kamal, Advocate Sr.24393 HCP No.385 of 2017 skv[co] srg 04/05/2017