S.Anitha v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MS.JUSTICE R.N.MANJULA H.C.P.NO.1192 OF 2021 S.Anitha W/o.S.Saravanan ... Petitioner Vs 1.The Superintendent of Police, Chengalpattu, Chengalpattu District.

2.The Inspector of Police, N2 - Guduvanchery Police Station, Guduvanchery.

... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the second respondent to produce the petitioner's husband viz., R.Saravanan, aged about 36 years, before this Court and set him at liberty.

For Petitioner :

Mr.L.Ramu For Respondents :

Mr.R.Muniyapparaj Government Advocate [crl.side]

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 respondent to produce the petitioner's husband viz., R.Saravanan, aged about 36 years, before this Court and set him at liberty.

2. On 06.08.2021, we passed the following order: 'It is the case of the petitioner that her husband R.Saravanan, aged about 36 years, went missing from 30.10.2020 and that the police are not taking effective steps to secure him, despite the sending of two complaints by post.

2. On instructions, the learned Government Advocate (Crl.Side) submitted that the police have not

received any complaint as of now.

3. In view of the same, we direct the petitioner to go in person to the second respondent/police and lodge a written complaint. On such complaint being filed, the second respondent/police is directed to register a regular FIR for 'man missing' and conduct investigation.

Post the matter on 23.08.2021.'

3. Pursuant to the above order, the petitioner went in person and gave a written complaint to the second respondent, based on which, the second respondent has registered a case in Guduvanchery P.S. Crime No.837 of 2021 on 09.08.2021 for 'man missing'.

4. In view of the above, we direct the Deputy Superintendent of Police, Vandalur, to monitor the investigation in Guduvanchery P.S. Crime No.837 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenu is secured, he shall be produced before the Judicial Magistrate II, Chengalpattu, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders. With the above direction, this Habeas Corpus Petition is disposed of.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gm To 1.The Judicial Magistrate II, Chengalpattu.

2.Do thro Chief Judicial Magistrate Kancheepuram.

3.The Deputy Superintendent of Police, Vandalur.

4.The Superintendent of Police, Chengalpattu, Chengalpattu District.

5.The Inspector of Police, N2 - Guduvanchery Police Station, Guduvanchery.

6.The Public Prosecutor, High Court, Madras.

H.C.P.No.1192 of 2021 KSM(CO) NSK(09/09/2021)