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Madras High CourtHCP/938/2016dismissed

Mr.Rosaiah v. The State Rep By

2016-06-14Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.6.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.938 of 2016 Rosaiah ... Petitioner/father of the detenue Vs State by The Inspector of Police , P.6, Kodungaiyur Police Station.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the respondent to produce the body or person of the detenue SIVAKUMAR aged about 28 years before this Honble Court and set him at liberty.

For Petitioner :

Mr.M.A.R.Pragash For Respondents :

Mr.V.M.R.Rajendran Additional Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the father of one Mr.Sivakumar aged 28 years. According to the petitioner, from 12.2.2016 onwards, he has been found missing. He was working in a private company known as E-Con in T.Nagar. On a complaint made by him, a case has been registered in Cr.No.212/16 for 'man missing' on the file of the respondents and investigation is pending. Since the missing man has not been rescued so far, the petitioner has come up with this Habeas Corpus Petition.

2. Today, when the matter was taken up, the learned Additional Public Prosecutor, Mr.V.M.R.Rajendran submitted that investigation is in progress and investigation done so far has revealed that he is alive.

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3. The learned counsel for the petitioner would submit that no effective steps are taken to secure the detenu.

4. We have considered the above submissions. Prima facie we are satisfied that there is no illegal detention warranting issuance of writ of Habeas Corpus Petition. In respect of the missing of Mr.Sivakumar, a case has been registered in Cr.No.212/16 and the same is under investigation.

5. In such view of the matter, this petition deserves to be dismissed leaving it open for the police to investigate the matter expeditiously.

6. In the result, this petition is dismissed, however, with a direction to the police to expedite the investigation of the case.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar kua To 1.The Inspector of Police , P.6, Kodungaiyur Police Station.

2.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.M.A.R.Pragash Advocate sr.33014 H.C.P.No.938 of 2016 aa29/06/2016 https://hcservices.ecourts.gov.in/hcservices/