Karl Marx v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.902 of 2021 Karl Marx, S/o.Sundaram

...Petitioner

versus

1. The Superintendent of Police, Office of the District Superintendent of Police, Salem, Salem District.

2. The State rep. by The Inspector of Police, Aathur Police Station, Aathur, Salem District.

3. Leela, W/o.Mohan Raj, Gandhi Nagar, Aathur, Salem District - 636 102.

4. Dr.Niranjana, TNPL Unit-II Quarters, Padiripatti Road, Mandipatti, Trichy, Trichy District.

...Respondents

Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the second respondent herein to produce the body and person of the detenue, the petitioner's wife namely Ranjitha Priyanka, aged about 30 years, before this Court from the illegal custody of the 3rd and 4th respondents herein and set her at liberty. For Petitioner : Mr.D.Arun For Respondent Nos.1&2 : Mr.R.Muniyapparaj Government Advocate [Crl. Side] For Respondent Nos.3 & 4 : No Appearance

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 second respondent to produce the petitioner's wife viz. Ranjitha Priyanka, before this Court, from the illegal custody of the respondents 3 and 4 and set her at liberty.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate [Crl. Side] appearing for the respondents 1 and 2.

3. It is the case of the petitioner that his wife Ranjitha Priyanka, aged about 30 years, went missing since 09.05.2021 and that, despite the complaint dated 24.05.2001 that was sent by the petitioner by post to the respondents 1 and 2, no steps have been taken to secure her.

4. On instructions, Mr.R.Muniyapparaj, learned Government Advocate (Crl. Side) submitted that, the Police have not received any complaint from the petitioner.

5. In view of the above, this Habeas Corpus Petition stands closed, with a direction to the petitioner to appear in person before the second respondent, viz. The Inspector of Police, Aathur Police Station, Aathur, Salem District and give a written complaint. Based on which, the second respondent is directed to register a regular FIR of women missing and take action in accordance with law. As and when, the detenue viz. Ranjitha Priyanka is secured, she shall be produced before the learned Judicial Magistrate, Aathur, Salem District, under intimation to the petitioner. On such production, the learned Magistrate, shall pass appropriate orders with regard to the custody of the detenue Ranjitha Priyanka.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sri

To

1. The Superintendent of Police, Office of the District Superintendent of Police, Salem, Salem District.

2. The Inspector of Police, Aathur Police Station, Aathur, Salem District.

3. The Judicial Magistrate, Aathur, Salem District.

4. The Public Prosecutor, High Court, Madras.

H.C.P.No.902 of 2021 SR-II (CO) K.RK. (22.07.2021)