P.Shobana v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.10.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY H.C.P.NO.1718 OF 2021 P.Shobana .. Petitioner/Petitioner Vs.

1. The Inspector of Police, T-1 Ambattur Police Station Ambattur Chennai- 600 053

2. The Commissioner of Police, Vepery Chennai-600 007.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 1st and 2nd respondents to cause the protection of the body of the detenu, who is R.Prasanth, S/o.Ragu, aged about 26 years and produce before this court and set him at liberty.

For Petitioner : Mr.E.Gajendran For Respondents : Mr.R.Muniyapparaj, Addl. Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the 1st and 2nd respondents to cause the protection of the body of the detenu, who is R.Prasanth, S/o.Ragu, aged about 26 years and produce before this court and set him at liberty.

2. It is the case of the petitioner that her husband Prasanth, aged about 26 years, went missing from 11.09.2021 and that the police are not taking effective steps to secure him.

3. Today, Mr.T.Ramesh (Mobile No.99524 56856), SubInspector of Police, Ambattur Police Station, Chennai, is present.

4. On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Ambattur Police Station Crime No.1491 of 2021 has been registered on 17.09.2021 for 'man missing' and during the course of investigation, it came to light that the petitioner's husband was having an affair with one Divya and has eloped with her. He further submitted that on a complaint given by Selvi, mother of Divya, a case in Ambur Town Police Station Crime No.852 of 2021 has been registered for 'woman missing'. In view of the above, this habeas corpus stands closed with a direction to the Assistant Commissioner of Police, Ambattur, to supervise the investigation in Ambattur Police Station Crime No.1491 of 2021 and keep the petitioner informed of the developments, if any.

The Ambattur police shall also coordinate with the Ambur police with regard to Crime No.852 of 2021. As and when Prasanth, aged about 26 years and Divya are secured, they shall be produced before the Judicial Magistrate Court, Ambattur, under intimation to the petitioner and Selvi. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.

Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar nsd To

1. The Judicial Magistrate, Ambattur.

2. The Assistant Commissioner of Police, Ambattur.

3. The Inspector of Police, T-1 Ambattur Police Station Ambattur Chennai- 600 053.

4. The Inspector of Police, Ambur Town Police Station.

Ambur.

5. The Commissioner of Police, Vepery Chennai-600 007.

6. The Public Prosecutor, High Court, Madras.

H.C.P.No.1718 of 2021 BS(CO) RLP(17/11/2021)