Murugan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.03.2016

CORAM

THE HONOURABLE MR. JUSTICE M.JAICHANDREN AND THE HONOURABLE MR. JUSTICE S.NAGAMUTHU HCP No.125/2016 Murugan ..Petitioner Vs 1.The Superintendent of Police, Salem District.

2.The Inspector of Police, Kolathur Police Station, Salem District.

3.Subramani.

..Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus directing the respondents to produce the petitioner's daughter namely Mohana [20], before this Court and set her liberty.

For Petitioner :

Mr.T.Ganesan For RR 1 & 2 :

Mr.V.M.R.Rajentren Addl. Public Prosecutor

ORDER

[Order of the Court was made by Mr.M.JAICHANDREN, J The present petition has been filed by the petitioner, the father of the detenue, Mohana, aged about 20 years, to cause the production of his daughter, before this Court and to set her at liberty.

2.Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor for respondents 1 and 2 and also perused the materials placed before this Court, including the Status Report filed by the 2nd respondent police.

3.The petitioner would state that the daughter of the petitioner, namely Mohana, had completed her Nursing Course and she had been working in a private hospital, at Mettur. While so, she went missing on 04.12.2015. Therefore, the petitioner had lodged a complaint before the second respondent police, on 14.12.2015. Since no steps had been taken, by the second respondent police, the petitioner has preferred the present Habeas Corpus Petition before this Court.

4.At this stage of the hearing of the matter, the learned Additional Public Prosecutor appearing for respondents 1 and 2, had submitted that the complaint lodged by the petitioner, on 14.12.2015, had been registered, in Crime No.781 of 2015, as a "Woman missing" and necessary steps have been taken to trace the detenue.

5.In view of the submissions made by the learned Additional Public Prosecutor and on perusal of the status report filed on behalf of the 2nd respondent police, it is clear that effective steps have been taken by the police to trace the detenue, Mohana.

6.Under such circumstances, we are of the view that no further order is necessary in this Habeas Corpus Petition and accordingly, this petition stands dismissed. However, it is made clear that the respondent police shall continue the investigation, in Cr.No.781/2015, and take steps to trace the detenue, in accordance with law and keep the petitioner informed about the progress made, if any.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kal

To 1.The Superintendent of Police, Salem District.

2.The Inspector of Police, Kolathur Police Station, Salem District.

3.The Public Prosecutor, High Court, Chennai.

HCP No.125/2016 SVI(CO) EU 31.03.16