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Madras High CourtHCP/1938/2020closed

Ramadass v. The Commissioner Of Police

2020-11-18Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR H.C.P.No.1938 of 2020 Ramadass .. Petitioner Vs 1.The Commissioner of Police, .. Respondents Commissioner's Office, Poonamallee High Road, Chennai.

2.The Inspector of Police, Thiruvottiyur Police Station, Chennai District.

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus calling for the records in Crime No.1211 of 2019 dated 19.12.2019 on the file of the second respondent and direct the 2nd respondent herein to produce the petitioner's son Karthick, aged about 24 years, by person or body and set him at liberty.

For Petitioner : Mr.S.Silambuselvan For Respondents : Mr.R.Prathap Kumar, Addl.Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the father of the detenu. The detenu was stated to be missing from 18.12.2019 onwards. A complaint was given on 19.12.2019 and a case was registered in Crime No.1211 of 2019 for man missing.

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2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3.Learned Additional Public Prosecutor appearing for the respondents submitted that despite efforts made, the detenu could not be traced. He did not have any mobile phone. The enquiry thus far reveals that the detenu left the home as he could not find a job. However, further investigation is on. 4.Considering the above, we are not inclined to keep this habeas corpus petition pending and the same stands closed. However, the second respondent shall continue with the investigation and secure the detenu. As and when the detenu is secured, he should be produced before the jurisdictional Magistrate.

-Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar mmi/ssm To 1.The Commissioner of Police, Commissioner's Office, Poonamallee High Road, Chennai.

2.The Inspector of Police, Thiruvottiyur Police Station, Chennai District 3.The Public Prosecutor, High Court, Madras.

H.C.P. No. 1938 of 2020 EV (CO) UM (15.12.2020) https://hcservices.ecourts.gov.in/hcservices/