← Library
Madras High CourtHCP/855/2016dismissed

S.Prabhavathi v. State Rep By

2016-06-06Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2016

CORAM

THE HON'BLE MR.JUSTICE S.NAGAMUTHU and THE HON'BLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.855 of 2016 S.Prabhavathi ... Petitioner/Wife of Detenu Vs

1. State rep. by the Inspector of Police, W.28, All Women Police Station, Ambattur, Chennai-53.

2. The Deputy General of Police, Radhakrishnan Road, Santhome, Chennai-4.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the respondents to produce the body of the petitioner's husband, namely, Sivakumar before this Court and set him at liberty forthwith.

For Petitioner :

Mr.D.Padmanabhan For Respondents :

Mr.V.M.R.Rajentren, 1 and 2 Additional Public Prosecutor

ORDER

[Order of the Court was made by S.NAGAMUTHU,J] The petitioner is the wife of one Mr.Siva Kumar. According to her, from 11.02.2016 onwards, he is found missing. In this regard, he made a complaint to the 1st respondent. Since no action has been taken, the petitioner has filed this present Habeas Corpus Petition.

2.

Today, when the matter was taken up, the learned Additional Public Prosecutor submitted that on the complaint of the petitioner, a case has been registered in Crime No.745/2016 for ''Man Missing'' and the same is under investigation. https://hcservices.ecourts.gov.in/hcservices/

3.

Since there is no allegation of any illegal detention, we are not able to grant any relief as prayed for by the petitioner in this Habeas Corpus Petition except issuing a direction to the respondents to further investigate the matter and to trace out the detenue.

4.

With the above observation, the Habeas Corpus Petition stands dismissed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar tsi To

1. The Inspector of Police, W.28, All Women Police Station, Ambattur, Chennai-53.

2. The Deputy General of Police, Radhakrishnan Road, Santhome, Chennai-4.

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

H.C.P.No.855 of 2016 GJ II(CO) CA(14/06/2016) https://hcservices.ecourts.gov.in/hcservices/