R.Malar v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE S.BASKARAN H.C.P.No.1796 of 2016 R.Malar ..

Petitioner -vs1.The Commissioner of Police, Vepery, Chennai-600 007.

2.The Deputy Commissioner of Police, Washermenpet Police Station, O/o.the Deputy Commissioner, 3.The Inspector of Police, New Washermenpet, 4.Shahul 5.Ramesh ..

Respondents Petition under Article 226 of the Constitution of India, for issuance of a Writ of Habeas Corpus, directing the respondents 1 to 3 to produce the body of the detenu namely R.Gugan, S/o.J. Rubalingam, residing at 182, 6th Street, Mangammal Thottam, Puthuvannai, Chennai-81, before this Court and set him at liberty.

For Petitioner ::

Mr.A.Esakkiappan For Respondents::

Mr.V.M.R.Rajentren, Additional Public Prosecutor for R1 to R3 Mr.G.Mohanakrishnan for R4 & R5

ORDER

(Order of the Court was made by S.BASKARAN, J.) This Habeas Corpus Petition has been filed by the petitioner to direct the respondents 1 to 3 to produce her son namely R.Gugan, S/o.Rubalingam, residing at 182, 6th Street, Mangammal Thottam, Puthuvannai, Chennai-81, before this Court and set him at liberty.

2.The petitioner states that one of her son by name Gugan, aged 25 years, was missing from 07.06.2016, and she lodged a complaint on 13.06.2016 to the first respondent about the same. Since no effective steps have been taken to trace the detenu, she has come forward with this Habeas Corpus Petition. 3.When the matter was taken up, the learned Additional Public Prosecutor filed a status report. According to him, the detenu went to Pune in Maharashtra in search of a job and thereafter went missing at the Pune Railway Station. It is further stated that based on the direction of this Court, the third respondent- Inspector of Police, went to Pune and enquired the fourth and fifth respondents and statements were obtained from them, and thereafter he went to Pune Railway Police Station and obtained the FIR which was registered in Crime No.20 of 2016 for "man missing".

4.It is evident from the status report that the investigation has been taken over by the Pune Railway Police Station and it is progressing.

5.In such circumstances, no further orders are necessary to be passed and accordingly the Habeas Corpus Petition is closed. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar KM To 1.The Commissioner of Police, Vepery, Chennai-600 007.

2.The Deputy Commissioner of Police, Washermenpet Police Station, O/o.the Deputy Commissioner,

3.The Inspector of Police, New Washermenpet, 4.The Public Prosecutor, Madras High Court, Chennai-600 104.

1 cc to Mr.A. Esakkiappan, Advocate, Sr. 62358 H.C.P.No.1796 of 2016 SS (CO) kk 1/12