M.Seyyathu Ali Fathima v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2016 Coram:

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.275 of 2016 M.Seyyathu Ali Fathima .. Petitioner vs.

The Inspector of Police City Police Station Salem City.

.. Respondent Habeas Corpus Petition has been filed under Article 226 of the Constitution of India for a Writ of Habeas Corpus directing the respondent to secure the detenu, viz., M.Mansoor, S/o.Mubarak, aged about 29 years, whose whereabouts is not known, and produce before this Court.

For petitioner :Mr.R.Nalliyappan For respondent :Mr.V.M.R.Rajentran, Addl. Public Prosecutor

O R D E R

(Order of the Court was made by M.JAICHANDREN,J) The petitioner is the wife of M.Mansoor, S/o.Mubarak, aged about 29 years. The said M.Mansoor (hereinafter referred to as the "detenu") was found missing from 29.12.2015 onwards. In this regard, the petitioner had lodged a complaint with the respondent police, on 08.01.2016, in connection with which, a case in Crime No.9 of 2016, for ''Man Missing'', has been registered by the respondent police. However, no steps had been taken, by the respondent, to trace the detenu. Hence, the petitioner has preferred this Habeas Corpus Petition praying that this Court may be pleased to issue a Writ of Habeas Corpus, to direct the respondent police to produce the detenu, namely, M.Mansoor, S/o.Mubarak, aged about 29 years, before this Court. https://hcservices.ecourts.gov.in/hcservices/

2. At this stage of hearing of the Habeas Corpus Petition, Mr.V.M.R.Rajentran, the learned Additional Public Prosecutor appearing for the respondent, had submitted, on instructions, that certain information had been received by the respondent police that the detenu had eloped with one Yasmin. He had further submitted that necessary steps are being taken to trace the detenu.

3.In view of the above submission made by the learned Additional Public Prosecutor appearing on behalf of the respondent, we find that no further orders are necessary in the present Habeas Corpus Petition. Hence, the Habeas Corpus Petition is closed. However, it is made clear that the respondent police shall continue the investigation to trace the missing detenu and to take necessary steps, in accordance with law. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar paa To 1.The Inspector of Police City Police Station Salem City.

2.The Additional Public Prosecutor High Court Madras.

+1cc to Mr.R. Nalliyappan, Advocate, S.R.No.10810 RSY(CO) EU(06/04/2016) H.C.P.No.275 of 2016 https://hcservices.ecourts.gov.in/hcservices/