P.Moorthy v. The Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice RMT.TEEKAA RAMAN P.Moorthi .. Petitioner Vs 1.The Deputy Commissioner of Police, No.1, Madley Road, T.Nagar, Chennai - 600 017.

2.The Inspector of Police, MGR Nagar Police Station, T.Nagar, Chennai.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the second respondent to find the petitioner's wife Nandhini, aged about 29 years and son Kavisolan, aged about 3 years and produce them before this Court and set them at liberty.

For Petitioner : Mr.K.Sathish Kumar 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 second respondent to find his wife Nandhini, aged about 29 years and son Kavisolan, aged about 3 years, produce them before this Court and set them at liberty.

2.

It is the case of the petitioner that his wife Nandhini, aged about 29 years and son Kavisolan, aged about 3 years, went missing from 25.07.2022 and that the police are not taking effective steps to secure them. 3.

Today, M.Vasagaraj (Mobile No.98415 48060), Sub-Inspector of Police, R-10, MGR Nagar Police Station, Chennai, is present. 4.

On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in MGR Nagar

Police Station Crime No.378 of 2022 has been registered on 26.07.2022 for "woman and boy-missing" and investigation is in progress. 5.

In such view of the matter, we direct the Assistant Commissioner of Police, Ashok Nagar Range, Chennai, to supervise the investigation in Crime No.378 of 2022 that is being conducted by the Inspector of Police, MGR Nagar Police Station, Chennai and keep the petitioner informed of the developments, if any. As and when the petitioner's wife and son viz. Nandhini, aged about 29 years and son Kavisolan, aged about 3 years, respectively, are secured, they shall be produced before the XXIII Metropolitan Magistrate, Saidapet, Chennai, under intimation to the petitioner. On such production, the learned Magistrate may pass appropriate orders with regard to custody in accordance with law. With the above directions, this habeas corpus petition stands closed. (P.N.P., J.) (TKRJ) 30.11.2022 nsd

P.N.PRAKASH, J.

and RMT.TEEKAA RAMAN, J.

nsd To 1.The XXIII Metropolitan Magistrate, Saidapet, Chennai.

2.The Deputy Commissioner of Police, No.1, Madley Road, T.Nagar, Chennai - 600 017.

3.The Assistant Commissioner of Police, Ashok Nagar Range, Chennai.

4.The Inspector of Police, MGR Nagar Police Station, T.Nagar, Chennai.

5.The Public Prosecutor, Madras High Court.

H.C.P.No.2440 of 2022 30.11.2022