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Madras High CourtHCP/1276/2022dismissed

Prabu v. The Superintendent Of Police

2022-07-07Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2022 Coram The Honourable Mr. Justice S.VAIDYANATHAN and The Honourable Mr. Justice A.D.JAGADISH CHANDIRA Prabu .. Petitioner Vs.

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

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ranipet District.

3.The Inspector of Police, Arcot Taluk Police Station, Ranipet District.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus calling for the records from the file of 3rd respondent relating to the petitioner's missing father Raman, aged 57 years and direct

them to produce the petitioner's father Raman before this Court and set him at liberty.

For Petitioner : Ms.S.P.Arthi For Respondents : Mr.M.Babu Muthumeeran Addl. Public Prosecutor

ORDER

S.VAIDYANATHAN, J.

AND A.D.JAGADISH CHANDIRA, J.

This habeas corpus petition has been filed by the petitioner/son seeking a direction to direct the respondents to produce his missing father Raman, aged 57 years, before this Court and set him at liberty. 2.

Heard Ms.S.P.Arthi, learned counsel for the petitioner and Mr.M.Babu Muthumeeran, learned Additional Public Prosecutor appearing for the respondents.

3.

It is represented by the learned counsel for the petitioner that the petitioner's father Raman went missing from the year 2001 and thereafter, his whereabouts are not known.

4.

It is seen that after 21 years, the present habeas corpus petition has been filed by the petitioner/son stating that his father is missing and he should be traced.

5.

Admittedly, there are no pleadings in the affidavit stating that the petitioner's father had been illegally detained by someone and moreover, there is a delay of 21 years in giving the complaint. Therefore, we are not inclined to entertain this habeas corpus petition and the same is dismissed by giving liberty to the petitioner to work out his remedy in accordance with law.

(S.V.N., J.) (A.D.J.C., J.) 07.07.2022 nsd

S.VAIDYANATHAN, J.

and A.D.JAGADISH CHANDIRA, J.

nsd To 1.The Superintendent of Police, Office of the District Superintendent of Police, Ranipet District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ranipet District.

3.The Inspector of Police, Arcot Taluk Police Station, Ranipet District.

4.The Public Prosecutor, High Court, Madras.

07.07.2022