L.Khamuruddin v. Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL L.Khamuruddin Son of Lakshmanan ... Petitioner Vs.
1.
The Commissioner of Police Greater Chennai. City Police Office of the Chennai City Commissioner Chennai 2.
The Inspector of Police P-6-Kodungaiyur Police Station Chennai 3.
Thirupuram 4.
Kumar ..Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the respondents 1 and 2 to produce the petitioner's wife named V.Padma @ V.Fathima aged 41 years before this Court and set her at liberty.
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For Petitioner :
Ms.M.Nuzhath Khanam for Mr.Nassir Hussain For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of convenience and clarity].
2. The central theme of the captioned HCP is, petitioner's wife one 'V.Padma @ V.Fathima, aged 41 years' [hereinafter 'absentee' for the sake of convenience and clarity] is missing from 11.04.2023, a complaint in this regard has been lodged by the petitioner with jurisdictional police (second respondent) but the absentee has not been located as yet.
3. Issue notice.
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4. Mr.E.Raj Thilak, learned Additional Public Prosecutor accepts notice for both respondents and submits on instructions (instructed by Mr.T.Saravanan, Inspector of Police, P6, Kodungaiyur Police Station) that pursuant to the aforementioned complaint dated 11.04.2023, investigation was kick started, a special team has been formed and investigation thus far does not show any trappings of illegal custody or unlawful detention and the jurisdictional police is hopeful of locating the absentee in four weeks from today i.e., by 02.08.2023.
5. Let the investigation proceed in accordance with law uninfluenced by this order in captioned HCP.
6. On the absentee being located, let the absentee be produced before the jurisdictional Magistrate with prior intimation to the petitioner (absentee's father). The jurisdictional Magistrate to proceed in accordance with law. We are informed that the jurisdictional Magistrate is X Metropolitan Magistrate, Egmore.
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7. If there is undue delay or if there is any other development, we make it clear that all the rights and contentions of the petitioner or anyone concerned for the absentee are preserved and left open for being raised in collateral or similar proceedings. Further we make it clear that it is open to the petitioner to come back to this Court not only with a similar but even same prayer if the need arises. All the rights of all concerned are preserved.
8. Captioned HCP is disposed of with the aforementioned observations / directives. There shall be no order as to costs. (M.S.,J.) (R.S.V.,J.) 05.07.2023 Index : Yes / No Speaking / Non-speaking order gpa Page Nos.4/6
To 1.
The Commissioner of Police Greater Chennai. City Police Office of the Chennai City Commissioner Chennai 2.
The Inspector of Police P-6-Kodungaiyur Police Station Chennai 3.
The Public Prosecutor High Court, Madras.
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M.SUNDAR, J., and R.SAKTHIVEL, J., gpa H.C.P.No.1156 of 2023 05.07.2023 Page Nos.6/6