Mrs.Selvi, Aged 57 Years v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 3.11.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.BASKARAN H.C.P.No.1671 of 2016 Selvi

...Petitioner/Wife Of Detenue

Vs.

1.The Superintendent of Police Office of the Superintendent of Police Erode District Erode.

2.The Inspector of Police Kaundapadi Police Station 3.The Sub Inspector of Police Thingalur Police Station 4.Logu ..Respondents Prayer: Petition is filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the respondents 1 to 3 to produce the body of the petitioner's husband, namely, Rajagopal, aged about 60 years, who is under the illegal custody of the fourth respondent, before this Court and to set him at liberty.

For Petitioner : M/s.T.S. Vijaya Raghavan For Respondents Nos.1 to 3 : Mr.V.M.R.Rajentren, Additional Public Prosecutor For Respondent No.4 : No appearance

ORDER

[Order of the Court was made by S. BASKARAN, J.] The petitioner has come forward with this petition seeking a direction to the respondents 1 to 3 to produce her husband, namely, Rajagopal, who has been missing from 31.08.2014, before this Court.

2. Today, when the matter was taken up for hearing, the learned counsel appearing for the petitioner has stated that the detenu has been missing from 31.8.2014 and a police complaint was lodged on 28.9.2014. However, as no effectives steps had been taken to secure the detenu, his wife, the petitioner herein, has come forward with this petition.

3. The learned Additional Public Prosecutor has filed a status report today, wherein, the steps taken by the respondents police to secure the detenu had been stated in detail.

4. Admittedly, two years have lapsed from the date of missing of the detenu. It is apparent from the status report filed by the learned Additional Public Prosecutor that serious efforts are being taken by the second respondent police to secure the detenu.

5. In such circumstances, we are of the view that no further orders are necessary as the respondents police are taking effective steps to trace the detenu and therefore, we do not find any cause or reason to grant the relief as prayed for by the petitioner in the present Habeas Corpus Petition. The Habeas Corpus Petition stands closed. However, the respondents 1 to 3 shall continue their efforts to trace the detenu in accordance with law.

s/d- Assistant Registrar(CS-VI) //True Copy// Sub-Assistant Registrar To 1.The Superintendent of Police Office of the Superintendent of Police Erode District Erode.

2.The Inspector of Police Kaundapadi Police Station

3.The Sub Inspector of Police Thingalur Police Station

4. The Public Prosecutor High Court, Madras.

+1 CC to Mr.T.S. Vijaya Baskaran, Advocate sr 62357 H.C.P.No.1671 of 2016 GJII(CO) sp/6/2