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Madras High CourtHCP/1592/2017disposed of

S.Ramasamy, M/A.50 v. The Superintendent Of Police

2019-09-16Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE M. M.SUNDRESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN H.C.P.No.1592 of 2017 S.Ramasamy Petitioner Vs 1.The Superintendent of Police, Namakkal District, Namakkal.

2.The Deputy superintendent of Police, Tiruchengode Circle, Tiruchengode Namakkal District.

3.The Inspector of Police, Rural Police Station Tiruchengode Namakkal District.

4.N.K. Palanisamy Respondents Prayer:

Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 to 3 to produce the body of the detenue/petitioner's mother namely Rasayee Wife of Sellappa Gounder aged about 75 years and set her at liberty. For Petitioner : Mr.R.Shase For Respondents: Mr.R.Prathap Kumar Additional Government Pleader

O R D E R

(The Order of the Court was made by M. M.SUNDRESH,J.,) The petitioner is the son of the detenue. He has come up with this petition seeking a direction to respondents 1 to 3 for the production of the detenue before this court and set her at liberty.

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2.The detenue is missing from the year 2017 onwards. Though there are civil disputes pending between the petitioner and the fourth respondent, the fact remains that the detenue is yet to be traced. Despite the ongoing investigation, the detenue could not be secured.

3. In such view of the matter, we are inclined to transfer the investigation from the file of the third respondent to the Inspector of Police, CBCID, Namakkal.

4. With the above said observation, this habeas corpus petition is disposed of.

Sd/- Assistant Registrar (Insp Cell) //True Copy// Sub Assistant Registrar mmi/rst To:

1.The Superintendent of Police, Namakkal District, Namakkal.

2.The Deputy superintendent of Police, Tiruchengode Circle, Tiruchengode, Namakkal District.

3.The Inspector of Police, Rural Police Station Tiruchengode Namakkal District.

4.The Public Prosecutor High Court, Madras.

Copy TO The Inspector of Police, CBCID, Namakkal.

+1cc to Mr.T.Muthukrishnan, Advocate, S.R.No. 80365 H.C.P.No.1592 of 2017 VG II(CO) GN(05/11/2019) https://hcservices.ecourts.gov.in/hcservices/