Madras High CourtHCP(MD)/444/2021closed

Raja v. The Superintendent

2021-11-01Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice S.Srimathy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.11.2021 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MRS. JUSTICE S.SRIMATHY H.C.P. (MD) No.444 of 2021 Raja S/o.Rajapandi .. Petitioner Vs.

1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Pasuvanthanai Police Station, Thoothukudi District.

3.The Inspector of Police, M1-Madhavaram Police Station, Madhavaram, Chennai.

.. 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 namely Beril Jenifer w/o.Raja, aged 32 years, before this Court and set her at liberty.

For Petitioner : Mr.T.Selvakumaran For Respondents: Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

[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, namely, Beril Jenifer w/o.Raja, aged 32 years, before this Court and set her at liberty.

2. It is the case of the petitioner that his wife Beril Jenifer went missing from 28.09.2019 and the police are not taking effective steps to secure her.

3. Today, Ms.G.Meena, Woman Head Constable, M1 Madhavaram Police Station, is present.

4. On instructions, learned Additional Public Prosecutor submits that on the complaint given by the petitioner, a case in Madhavaram P.S.Crime No.602 of 2019 has been registered on 01.10.2019.

5. It is seen that this Habeas Corpus Petition has been filed in the year 2021 in respect of missing of a person in the year 2019. It is not the case of the petitioner that the detenue is in the illegal custody of the police.

6. In the aforestated circumstances, we direct the Assistant Commissioner of Police, Madhavaram, to supervise the investigation in Madhavaram P.S.Crime No.602 of 2019 and keep the petitioner informed of the developments, if any. As and when the detenue is secured, she shall be produced before the Judicial Magistrate, Madhavaram, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders.

With the above direction, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar gm To 1.The Judicial Magistrate, Madhavaram.

2. -do-Through' Chief Judicial Magistrate, Tiruvallur.

3.The Assistant Commissioner of Police, Madhavaram.

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

5.The Inspector of Police, Pasuvanthanai Police Station, Thoothukudi District.

6.The Inspector of Police, M1-Madhavaram Police Station, Madhavaram, Chennai.

7.The Public Prosecutor, High Court, Madras.

H.C.P.(MD) No.444 of 2021 GJ(CO) GMY(18/11/2021)