P.R.Nancy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.BASKARAN H.C.P.No.2432 of 2016 P.R. Nancy

...Petitioner/Wife of

Detenue Vs.

1.The Inspector of Police (Law and Order) H-5 New Washermenpet Police Station Chennai-81.

2.The Commissioner of Police Office of the Commissioner of Police Vepery, Chennai.

..Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus directing the first respondent to produce the detenu, namely, D. Yesudass, aged about 34 years, before this Court and to set her at liberty.

For Petitioner : M/s.H. Mohamed Ghouse For Respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor - - - -

ORDER

[Order of the Court was made by M. JAICHANDREN, J] Heard the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Public Prosecutor appearing on behalf of the respondents.

2. This Habeas Corpus Petition has been filed by the wife of the detenu, namely, D. Yesudass, aged about 34 years, stating

that he has been missing from 8.4.2015. Therefore, the petitioner had lodged a complaint before the first respondent police, on 15.4.2015. As no effective steps had been taken, by the respondents, to trace the detenu, the petitioner has preferred the present Habeas Corpus Petition, before this Court.

3. At this stage of the hearing of the petition, the learned Additional Public Prosecutor appearing on behalf of the respondents has stated that the complaint lodged by the petitioner had been registered, in Cr.No.561 of 2015, on the file of the first respondent. He has further submitted that effective steps are being taken, by the first respondent, to trace the detenu.

4. He had also submitted that the detenu had written a detailed letter to the first respondent police stating that, due to the failures and frustration in his personal life, as well as in his family life, he had left the matrimonial home.

5. In such circumstances, we do not find any cause or reason to grant the relief, as prayed by the petitioner. Hence, the Habeas Corpus Petition stands dismissed. However, it goes without saying that the first respondent police shall continue the investigation, to trace the detenu, by taking necessary steps, in accordance with law.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar rnb To 1.The Inspector of Police (Law and Order) H-5 New Washermenpet Police Station Chennai-81.

2.The Commissioner of Police Office of the Commissioner of Police Vepery, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.H.Mohammed Ghouse Advocate sr 65533 H.C.P.No.2432 of 2016 msm(co) aa19/12/2016