S.Hendry, Aged 37 Years, v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M. NIRMAL KUMAR H.C.P. No. 949 of 2018 S.Hendry ... Petitioner -vs1.The Superintendent of Police, Thiruvellore District, Thiruvellore - 602 001.

2.The State rep. by Inspector of Police, Manavalanagar Police station, Thiruvellore District.

... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to direct the second respondent to produce the body of the petitioner's father K.Selvaraj, S/o.Gurusamy, aged about 68 years before this Court and set him at liberty.

For Petitioner : Mr.T.Ravi For Respondents :

Ms.V.Saradha Devi, Govt. Advocate (Crl.

Side)

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Petitioner is the son of the detenu. Alleging that he is missing and he needs to be traced pursuant to the case registered in Crime No.146 of 2018, the present habeas corpus petition has been filed.

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2.Learned Government Advocate (Crl. Side), on instructions, submitted that there was a family dispute, pursuant to which, the detenu has left the home and investigation is going on. Learned Government Advocate (Crl. Side) made reliance upon the status report filed by the Deputy Superintendent of Police, who is also present before this Court.

3.In the light of the above, we are not inclined to keep this petition pending any longer. Prima facie, it appears to be the case of the detenu leaving home due to misunderstanding. In any case, investigation is pending as seen from the status report. Accordingly, we direct the respondents to proceed with the investigation and as and when the detenu is secured, he should be produced before the jurisdictional Magistrate. 4.With the abovesaid observation, the habeas corpus petition stands closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mmi/ssm To 1.The Superintendent of Police, Thiruvellore District, Thiruvellore - 602 001.

2.The Inspector of Police, Manavalanagar Police station, Thiruvellore District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Ravi, Advocate SR.73657 H.C.P. No. 949 of 2018 SS(CO) CB(22/10/2019) https://hcservices.ecourts.gov.in/hcservices/