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Madras High CourtHCP/320/2016closed

B. Vijayarengan, S/O. Babu, v. The Superintendent Of Police,

2016-03-16Honourable Mr Justice S. Nagamuthu,Honourable Mr Justice M. Jaichandren2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2016 Coram:

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.320 of 2016 B.Vijayarengan .. Petitioner/Father of the detenue vs.

1.The Superintendent of Police Thiruvallur District Thiruvallur.

2.The Inspector of Police T-10, Thirumullaivoyal Police Station Thiruvallur District.

.. Respondents Habeas Corpus Petition has been filed under Article 226 of the Constitution of India for a Writ of Habeas Corpus, directing the respondents to produce the body of the petitioner's son, namely, V.Nithyanandam, before this Court, and to set him at liberty.

For petitioner :Mr.V.J.Arulraje For respondents :Mr.V.M.R.Rajentran, Additional Public Prosecutor

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, V.Nithyanandam, the son of the petitioner, before this Court, and to set him at liberty.

2. The petitioner has stated that the detenu had married one Kavitha, on 11.02.2015. Thereafter, they were living together at Ayyapakkam in Thiruvallur District. While so, the detenu had gone missing, from 20.08.2015. Therefore, the wife of the detenu https://hcservices.ecourts.gov.in/hcservices/

had preferred a complaint before the 2nd respondent police, on 22.08.2015. Since, no effective steps have been taken by the 2nd respondent, to trace the detenu, the petitioner has preferred the present Habeas Corpus Petition.

3. A detailed, status report, has been filed by the 2nd respondent, dated 02.03.2016. In the said status report, the steps taken by the 2nd respondent, to trace the detenu, have been stated. It has also been stated that the 2nd respondent had registered the complaint preferred by the wife of the detenu, as a "man missing" case, and it has been numbered, as Crime No.663 of 2015.

4. Mr.V.M.R.Rajentren, the learned Additional Public Prosecutor appearing on behalf of the respondents had submitted that all necessary steps have been taken to trace the detenu.

5. In such circumstances, we are of the considered view that no further orders are necessary in the present Habeas Corpus Petition. Hence, the Habeas Corpus Petition stands closed. However, it is made clear that the 2nd respondent police, shall continue the investigation to trace the missing detenu and to take necessary steps, in accordance with law. Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Thiruvallur District, Thiruvallur.

2.The Inspector of Police, T-10, Thirumullaivoyal Police Station, Thiruvallur District.

3.The Additional Public Prosecutor, High Court, Madras.

+1cc to Mr.J.ArulRaj, Advocate Sr.16788 H.C.P No.. 320 of 2016 vgi[co] srg 15/04/2016 https://hcservices.ecourts.gov.in/hcservices/