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Madras High CourtHCP/1275/2020closed

B.Sriram v. The Superintendent Of Police (S.P)

2021-03-08Honourable Mr Justice P. N. Prakash,Honourable Mr Justice V.Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2021 Coram The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM H.C.P.No.1275 of 2020 B.Sriram .. Petitioner Vs.

1. The Superintendent of Police (S.P.) Chengalpet District, Chengalpet.

2. State Represented By The Inspector of Police, Melmaruvathur Police Station, Melmaruvathur, Chengalpet Taluk, Chengalpet District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus to direct the respondents to produce the detenue before this Court and set the detenue, B.Kumari, wife of Balasundaram, aged about 40 years, at liberty forthwith.

For Petitioner :

Mr.T.V.G.Kartheeban For Respondents :

Mr.R.Prathap Kumar Additional Public Prosecutor

ORDER

[Order of the Court was made by V.SIVAGNANAM.] This habeas corpus petition has been filed seeking to direct respondents to produce the detenue before this Court and set the detenue, B.Kumari, wife of Balasundaram, aged about 40 years, at liberty forthwith.

2.

It is the case of the petitioner that his mother B.Kumari, wife of Balasundaram, aged about 40 years, went missing from 13.07.2020 and that the police are not taking effective steps to secure her.

3.

On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Melmaruvathur Police Station Crime No.22 https://hcservices.ecourts.gov.in/hcservices/

of 2021 for the offences under Sections 323, 317, 365, 406 and 498 IPC was registered against one Karthik, who is working as a car driver and during the course of investigation, it came to light that Kumari (detenue) has eloped with Karthik. Recording the same, this habeas corpus petition is closed with a direction to the Deputy Superintendent of Police, Melmaruvathur Sub-Division, to monitor the investigation in Melmaruvathur Police Station Crime No.22 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue B.Kumari, wife of Balasundaram, aged about 40 years, is secured, she may be produced before the Judicial Magistrate Court, Mathuranthagam, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar nsd To

1. The Judicial Magistrate, Mathuranthagam.

2. The Deputy Superintendent of Police, Melmaruvathur Sub-Division.

3. The Superintendent of Police (S.P.) Chengalpet District, Chengalpet.

4. The Inspector of Police, Melmaruvathur Police Station, Melmaruvathur, Chengalpet Taluk, Chengalpet District.

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

H.C.P.No.1275 of 2020 GPL(CO) CSR 24.03.2021 https://hcservices.ecourts.gov.in/hcservices/