R.Thangarasu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice R.PONGIAPPAN H.C.P.No.591 of 2021 R.Thangaraj .. Petitioner Vs.

1.The Superintendent of Police (North), Puducherry Police Department, Mettupalayam, Puducherry.

2.The Station House Office, 'D' Nagar Police Station, Puducherry.

3.Bhuvaneshwari .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to direct the 2nd respondent herein to produce the body of the petitioner's son Krishnaraj, aged about 31 years, son of Thangaraj, before this Court from the alleged custody of the 3rd respondent and set him at liberty.

For Petitioner :

Mr.K.Sasindran For RR 1 and 2 :

Mr.D.Bharathachakravarthy Public Prosecutor (Puducherry)

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the 2nd respondent herein to produce the body of the petitioner's son Krishnaraj, aged about 31 years, son of Thangaraj, before this Court from the alleged custody of the 3rd respondent and set him at liberty.

2.

It is the case of the petitioner that her son Krishnaraj, aged about 31 years, went missing from 25.02.2021 and that the police are not taking effective steps to secure him.

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3.

On instructions, the learned Public Prosecutor (Puducherry) submitted that Krishnaraj had developed intimacy with a married lady by name Bhuvaneshwari and when the family members admonished him, he left home. In this regard, on a complaint given by the petitioner, a case in 'D' Nagar Police Station Crime No.33 of 2021 for 'man missing' has been registered and investigation is in progress.

Recording the same, this habeas corpus petition is closed with a direction to the Superintendent of Police (North), Puducherry Police Department, Mettupalayam, Puducherry, to monitor the investigation in 'D' Nagar Police Station Crime No.33 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenu viz., Krishnaraj, aged about 31 years, is secured, he shall be produced before the Judicial Magistrate Court No.IV, Puducherry, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar nsd To 1.The Judicial Magistrate No.IV, Puducherry.

2.The Superintendent of Police (North), Puducherry Police Department, Mettupalayam, Puducherry.

3.The Station House Office, 'D' Nagar Police Station, Puducherry.

4.The Public Prosecutor, Madras High Court, Chennai - 600 104.

+cc to Mr.K.Sasindran,Advocate Sr.No 23942 H.C.P.No.591 of 2021 GSM(CO) baf 10/05/2021 https://hcservices.ecourts.gov.in/hcservices/