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Madras High CourtHCP/1604/2016dismissed

Tmt. Satya, Age 38 Years, v. The District Superintendent

2016-08-10Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice S. Nagamuthu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.1604 of 2016 Satya ..

Petitioner vs.

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

2.The District Superintendent of Police, Dharmapuri District, Dharmapuri.

3.The Inspector of Police (Special Team), Namakkal Police Station, Namakkal.

4.The Inspector of Police, Dharmapuri Town Police Station, Dharmapuri District.

..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus, directing the respondents to produce the detenu Vairamuthu, son of Ramesh, minor, aged about 17 years, now illegally detained by the respondents herein before this Court and set him at liberty to secure the ends of justice.

For Petitioner ..

Mr.A.Ramesh For Respondents ..

Mr.V.M.R.Rajentren, APP

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the mother of one Vairamuthu, son of Ramesh, aged at 17 years. According to the petitioner, the respondents 3 and 4 have taken Vairamuthu into illegal custody on 01.08.2016 and thereafter, his whereabouts are not known.

2. Today, the respondents 3 and 5 have filed a counter affidavit before this Court stating that they never took Vairamuthu into custody at all and therefore, they are not aware of the whereabouts of the said Vairamuthu. The same is placed on record. 3.

In view of the averments made in the counter affidavit, since we do not find any illegal detention of Vairamuthu by the respondents 3 and 4, no relief as prayed for by the petitioner could be given in the Habeas Corpus Petition and the same is accordingly dismissed.

[S.N., J.] [V.B.D.,J.] 10.08.2016 To 1.The District Superintendent of Police, Namakkal District, Namakkal.

2.The District Superintendent of Police, Dharmapuri District, Dharmapuri.

3.The Inspector of Police (Special Team), Namakkal Police Station, Namakkal.

4.The Inspector of Police, Dharmapuri Town Police Station, Dharmapuri District.

5. The Public Prosecutor, High Court, Madras.

S.NAGAMUTHU, J., AND V.BHARATHIDASAN, J., tsi H.C.P.No.1604 of 2016 10.08.2016