S.Abubakkar v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR. JUSTICE S. NAGAMUTHU H.C.P.No.180 of 2016 S.Abubakkar ... Petitioner vs.

1.The Commissioner of Police, O/o.The Commissioner of Police, Egmore, Chennai-600 008 2.The Inspector of Police, S-15, Selaiyur Police Station, Selaiyur, Tambaram, Chennai 3.Abdul Rahim ... Respondents Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Habeas Corpus directing the respondents herein to produce the body of A.Akbar, aged about 35 years, before this Court and set him at liberty.

For Petitioner :

Mr.I.Abrar Md Abdullah For Respondents:

Mr.V.M.R.Rajentren, Addl. Public Prosecutor for R1 & R2

O R D E R

(Order of the Court was made by M.JAICHANDREN, J.) This habeas corpus petition has been filed praying that this Court may be pleased to direct the respondents 1 and 2 to produce the detenu, namely, A.Akbar, aged about 35 years, before this Court, and to set him at liberty.

2. The petitioner is the father of the detenu. He had stated that he had been working as a Head Accountant in the Tamil Nadu Wakf Board and had retired from service. His younger son, A.Akbar, who is aged about 35 years, who has been residing with him, is a mentally challenged person. On 19.08.2014, he had gone missing. The petitioner had lodged a complaint, before the second respondent, and it had been registered, in Crime No.1025 of 2014, as a 'man-missing' case. Since no effective steps had been taken, by the second respondent, till date, the petitioner has preferred the present habeas corpus petition, before this Court.

3. The learned Additional Public Prosecutor, appearing on behalf of the first and the second respondents, had submitted that, based on the complaint made by the petitioner, the case has been taken up on file, in Crime No.1025 of 2014, as a 'manmissing' case. He had further submitted that all effective steps had been taken, to trace the detenu.

4. In view of the submissions made by the learned Additional Public Prosecutor, appearing on behalf of the respondents 1 and 2, we are of the view that no further orders are necessary in the present habeas corpus petition. Hence, the habeas corpus petition stands dismissed. However, it is made clear that the second respondent shall continue the investigation and take appropriate steps, to trace the detenu, in accordance with law.

Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar msk

To 1.The Commissioner of Police, O/o.The Commissioner of Police, Egmore, Chennai-600 008 2.The Inspector of Police, S-15, Selaiyur Police Station, Selaiyur, Tambaram, Chennai 3.The Additional Public Prosecutor High Court, Madras.

+ 1 cc to Mr.Abrar Md Abdullah, Advocate Sr.17677 H.C.P.No.180/2016 RSY(CO) Eu 06.04.16