S.Saravanan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MS.JUSTICE R.N.MANJULA H.C.P.No.1282 of 2021 S.Saravanan S/o.Samikannu ... Petitioner Vs 1.State represented by The Inspector of Police, R-3 Ashok Nagar Police Station, Chennai - 600 083.

2.Ramachandran ... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondents to produce the detenue Sundari w/o.Saravanan, aged 29 years and set her at liberty. For Petitioner : Mr.K.Venkatesan 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 respondents to produce the detenue Sundari w/o.Saravanan, aged 29 years and set her at liberty.

2. It is the case of the petitioner that his wife Sundari left home on 12.07.2021 saying that she is going to temple and thereafter, she did not return. In this connection, on the complaint given by the petitioner, a petition enquiry in CSR No.558 of 2021 has been registered by the first respondent and enquiry is in progress.

3. Today, Mr.A.Arul Jothi Murugan, Sub-Inspector of Police, is present.

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4. We direct the first respondent to register a regular First Information Report for 'woman missing' in CSR No.558 of 2021. The Assistant Commissioner of Police, Ashok Nagar, is directed to monitor the investigation and keep the petitioner informed of the developments, if any. If in the course of investigation, it transpires that the detenue has been abducted by the second respondent, it is needless to state that the police shall alter the First Information Report accordingly. As and when the detenue is secured, she shall be produced before the learned XVII Metropolitan Magistrate, Saidapet, 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 III) //True Copy// Sub Assistant Registrar gm To

1. The Inspector of Police, R-3 Ashok Nagar Police Station, Chennai - 600 083.

2. The XVII Metropolitan Magistrate, Saidapet, Chennai -15

3. The Assistant Commissioner of Police, Ashok Nagar, Chennai

4. The Public Prosecutor, High Court, Madras.

+1CC to Mr.K.Venkatesan, Advocate, Sr.No.42709 H.C.P.No.1282 of 2021 SR (CO) K.RK. (17.09.2021) https://hcservices.ecourts.gov.in/hcservices/