Palvadivu v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 28.04.2021
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE A.A.NAKKIRAN Palvadivu .. Petitioner Vs.
State rep. by 1.The Superintendent of Police Villupuram District Villupuram 2.The Inspector of Police Villupuram Police Station Villupuram 3.The Sub-Inspector of Police (RPF) Villupuram Railway Police Station Villupuram Junction Villupuram .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to direct the respondents 1 and 2 to produce the body and person of the petitioner's husband viz., Samuthirapandiyan, S/o.Kumarandi, aged 68 years before this Hon'ble Court to secure the ends of justice.
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For Petitioner : Ms.S.Sengkodi For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor
O R D E R
[Order of the Court was made by P.N.PRAKASH, J.] This petition has been filed seeking a direction to the respondents 1 and 2 to produce the body of the detenu viz., Samuthirapandiyan, aged 68 years before this Court.
2. It is the case of the petitioner that on 22.03.2022, while she and her husband viz., Samuthirapandian, accompanied by their son-in-law Kalyanarajan, were travelling by Nellai Express from Kovilpatti to Tambaram in S-10 coach seat numbers 36, 33 and 60 respectively, she found that Samuthirapandian had gone missing, when the train arrived at Villupuram. It is her further grievance that the police are not taking effective steps to secure him and hence, this petition.
3. Today, Mr.K.Chinnappan, Sub-Inspector of Police, Villupuram Railway Police Station is present before this Court. 2/4
4. On instructions, Mr.R.Muniyapparaj, learned Additional Public Prosecutor, submitted that on a complaint lodged by the petitioner, a case in Villupuram (GRP Trichy) P.S. Crime No.16 of 2022 has been registered on 24.03.2022 for "man missing" and investigation is in progress.
5. It is not the case of the petitioner that Samuthirapandian is in illegal custody of the respondents for issuance of a writ of habeas corpus.
6. In view of the above, this Habeas Corpus Petition stands closed with a direction to the Deputy Superintendent of Police, Trichy (Railways), to supervise the investigation in Villupuram (GRP Trichy) P.S. Crime No.16 of 2022 and keep the petitioner informed of the developments, if any. As and when Samuthirapandian is secured, he shall be produced before the Judicial Magistrate No.I, Villupuram, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders. [P.N.P., J.] [A.A.N., J.] gya 28.04.2022 3/4
P.N.PRAKASH, J.
AND A.A.NAKKIRAN, J.
gya To 1.The Judicial Magistrate No.I Villupuram 2.The Superintendent of Police Villupuram District Villupuram 3.The Deputy Superintendent of Police Trichy (Railways) 4.The Inspector of Police Villupuram Police Station Villupuram 5.The Sub-Inspector of Police (RPF) Villupuram Railway Police Station Villupuram Junction, Villupuram 6.The Public Prosecutor High Court, Madras 28.04.2021 4/4