S.Lokeshwaran v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.11.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice RMT.TEEKAA RAMAN S.Lokeshwaran .. Petitioner Vs 1.The Commissioner of Police, Tambaram City, Chennai - 600 045.
2.The Inspector of Police (Law & Order), T-4, Shankar Nagar Police Station, Chennai - 600 075.
.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the first and second respondents to produce the body of the petitioner's sister S.Rajamahalakshmi, daughter of A.Siva, aged about 24 years, residing at No.18, Kattapomman Street, Moongileri, Pammal, Chennai - 600 075, before this Court and set her at liberty.
For Petitioner : Mr.P.Gunaraj For Respondents : Mr.R.Muniyapparaj Addl. Public Prosecutor
ORDER
(Made by P.N.PRAKASH, J.) This habeas corpus petition has been filed by the petitioner seeking a direction to the first and second respondents to his sister S.Rajamahalakshmi, daughter of A.Siva, aged about 24 years, before this Court and set her at liberty.
2.
It is the case of the petitioner that his sister Rajamahalakshmi, aged about 24 years, went missing from 24.10.2022 and that the police are not taking effective steps to secure her.
3.
Today, S.Mageshwari (Mobile No.94450 28912), T-4, Shankar Nagar Police Station, Chennai, is present.
4.
On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by Siva, father of the petitioner, a case in Shankar Nagar Police Station Crime No.616 of 2022 was registered on 25.10.2022 and during the course of investigation, it came to light that Rajamahalakshmi was suffering from depression and on account of a quarrel with her mother, she is said to have gone out the house. He further submitted that the police are taking effective steps to secure Rajamahalakshmi with the help of Call Detail Records (CDR). 5.
In such view of the matter, it cannot be stated that Raja Mahalakshmi, aged about 24 years, is in the illegal custody of the respondents herein for the issuance of a writ of habeas corpus. Hence, this habeas corpus petition stands closed with a direction to the Assistant Commissioner of Police, Pallavaram Range, Chennai, to supervise the investigation in Crime No.616 of 2022 that is being conducted by the Inspector of Police, Shankar Nagar Police Station, Chennai and keep the petitioner informed of the developments, if any. As and when
Rajamahalakshmi, aged about 24 years, is secured, she shall be produced before the Judicial Magistrate Court No.II, Tambaram, Chennai, under intimation to the petitioner. On such production, the learned Magistrate may pass appropriate orders with regard to custody in accordance with law. (P.N.P., J.) (TKRJ) 18.11.2022 nsd
To 1.The Judicial Magistrate No.II, Tambaram, Chennai.
2.The Commissioner of Police, Tambaram City, Chennai - 600 045.
3.The Assistant Commissioner of Police, Pallavaram Range, Chennai.
4.The Inspector of Police (Law & Order), T-4, Shankar Nagar Police Station, Chennai - 600 075.
5.The Public Prosecutor, Madras High Court.
P.N.PRAKASH, J.
and RMT.TEEKAA RAMAN, J.
nsd H.C.P.No.2346 of 2022 18.11.2022