J.Nausad v. Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.No.1280 of 2023 J.Nausad S/o.Jahangir Saheb .. Petitioner Vs.
1.
The Superintendent of Police Krishnagiri Pothinayanapally Jakkappan Nagar Krishnagiri - 635 001.
2.
The Inspector of Police AWPS Police Station Hosur, Krishnagiri.
..Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the respondents herein to produce the body of the petitioner's minor daughter 'xxxxx' aged about 17 years before this Hon'ble Court and handover her to the petitioner. For Petitioner :
Mr.V.Sundarraman For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor Page Nos.1/6
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 brevity, convenience and clarity].
2. The central theme of the captioned HCP is, petitioner's minor daughter one 'xxxxx' [we are masking the name and we shall be referring to her as 'absentee' for obvious reasons] is missing from 03.07.2023, a complaint in this regard has been lodged by the petitioner with jurisdictional police (second respondent police station) on 04.07.2023, the same has been taken on record as Crime No.62 of 2023 dated 04.07.2023 on the file of second respondent police station and the absentee has not been located as yet.
3. Issue notice.
4. Mr.E.Raj Thilak, learned Additional Public Prosecutor accepts notice for both respondents and submits on instructions (instructed by Page Nos.2/6
Mr.Nagarathinam, Head Constable, All Women Police Station, Hosur) that pursuant to the aforementioned complaint dated 04.07.2023 (Crime No.62 of 2023), investigation was kick started, a special team has been formed, a Special Sub-Inspector of Police is heading the team, 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 six weeks from today i.e., by 29.08.2023.
5. Let the investigation proceed in accordance with law uninfluenced by this order and let the investigation be carried to its logical end.
6. On the absentee being located, let the absentee be produced before the jurisdictional Magistrate to record statements with prior intimation to the petitioner (absentee's father). We are informed that the jurisdictional Magistrate is Judicial Magistrate-I, Hosur. We requisition reports from Judicial Magistrate-I, Hosur and second respondent, which shall be placed before us in the listing for this purpose. Registry is directed to communicate a copy of this order to learned Judicial Magistrate-I, Hosur. Page Nos.3/6
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, absentee 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 / if there are other developments. All the rights of all concerned are preserved.
8. Captioned HCP is disposed of with the aforementioned observations / directives.
9. Though the captioned HCP has been disposed of, Registry to list the captioned HCP under the cause list caption 'FOR REPORTS' on 05.09.2023. (M.S.,J.) (R.S.V.,J.) 18.07.2023 Index : Yes / No Speaking / Non-speaking order mk Page Nos.4/6
To 1.
The Judicial Magistrate-I Hosur.
2.
The Superintendent of Police Krishnagiri Pothinayanapally Jakkappan Nagar Krishnagiri - 635 001.
3.
The Inspector of Police AWPS Police Station Hosur, Krishnagiri.
4.
The Public Prosecutor High Court, Madras.
Page Nos.5/6
M.SUNDAR, J., and R.SAKTHIVEL, J., mk H.C.P.No.1280 of 2023 18.07.2023 Page Nos.6/6