S.Ameer Basha v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice R.PONGIAPPAN H.C.P.No.992 of 2021 S.Ameer Basha .. Petitioner Vs.

1. The Deputy Superintendent of Police, Madhavaram, Chennai.

2. The Inspector of Police, M-8, Sathangadu Police Station, Madhavaram District.

(Crime No.108/2020)

3. Arumugam .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the 2nd respondent to produce the petitioner's wife Sairabanu, aged about 25 years, wife of Ameer Basha, presently under illegal custody of the 3rd respondent/accused in Crime No.108 of 2021, before this Court and set her at liberty.

For Petitioner : Ms.Indira R.S.

For RR 1 and 2 : Mr.R.Muniyapparaj Govt. Advocate (Crl.Side)

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 to produce the petitioner's wife Sairabanu, aged about 25 years, wife of Ameer Basha, presently under illegal custody of the 3rd respondent/accused in Crime No.108 of 2021, before this Court and set her at liberty. 2.

It is the case of the petitioner that his wife Sairabanu, aged about 25 years, went missing from 11.04.2021 and https://hcservices.ecourts.gov.in/hcservices/

she is in the illegal custody of the third respondent and it is his grievance that the police were not taking effective steps to secure her.

3.

On instructions, the learned Government Advocate (Crl.Side) submitted that on a complaint given by the petitioner, a case in Sathangadu Police Station Crime No.108 of 2021 for 'woman missing' was registered on 23.04.2021 and investigation is in progress.

In such view of the matter, this habeas corpus petition is closed with a direction to the Assistant Commissioner of Police, Madhavaram, to monitor the investigation in Sathangadu Police Station Crime No.108 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue Sairabanu, aged about 25 years, is secured, she shall be produced before the jurisdictional Magistrate, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.

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

1. The Assistant Commissioner of Police, Madhavaram.

2. The Deputy Superintendent of Police, Madhavaram, Chennai.

3. The Inspector of Police, M-8, Sathangadu Police Station, Madhavaram District.

4. The District Collector & Magistrate, Thiruvallur District.

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

H.C.P.No.992 of 2021 RLD(CO) BE(20/07/2021) https://hcservices.ecourts.gov.in/hcservices/