Puppala Sudhakar v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.12.2022

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH Puppala Sudhakar .. Petitioner Vs.

1.The Commissioner of Police Commissioner Office Tambaram 2.The Inspector of Police Maraimalai Nagar Police Station Tambaram District ..

Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to direct the 2nd respondent to produce the petitioner's son viz., Sankreeth, aged about 22 years, before this Court and set him at liberty.

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For Petitioner Mr.D.Padmanabhan For Respondent Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

(Made by P.N.PRAKASH, J.) It is the case of the petitioner that his son viz., Sankreeth, aged 22 years, went missing on 29.09.2022; he was unable to trace him; despite lodging of a complaint, the police are not taking effective steps to secure him and hence, the present habeas corpus petition seeking a direction to the 2nd respondent to produce him before this Court and set him at liberty.

2. On instructions, the learned Additional Public Prosecutor submitted that, Sankreeth was staying along with his friends in an accommodation outside his college and that, he took a motorcycle on hire and went missing on 29.09.2022; in this connection, on a complaint given by one Sannith, friend of Sankreeth, a case in Maraimalai Nagar P.S. Crime No.496 of 2022 has been registered on 29.09.2022 for "man-missing" and investigation is in progress.

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3. In such view of the matter, it cannot be stated that Sankreeth is in the illegal custody of the respondents for issuance of a writ of habeas corpus. However, we direct the Assistant Commissioner, Guduvanchery to supervise the investigation in Maraimalai Nagar P.S. Crime No.496 of 2022 and ensure that the investigation is completed expeditiously and keep the petitioner informed of the developments, if any. As and when the detenu viz., Sankreeth is secured, he shall be produced before the Judicial Magistrate No.II, Chengalpet, under due intimation to the petitioner and Sankreeth. On such production, the learned Judge shall pass appropriate orders with regard to the custody of the detenu. With the above direction, this habeas corpus petition stands closed. [P.N.P., J.] [N.A.V., J.] 13.12.2022 gya 3/4

P.N.PRAKASH, J.

AND N.ANAND VENKATESH, J.

gya To 1.The Commissioner of Police Commissioner Office Tambaram 2.The Assistant Commissioner Guduvanchery 3.The Judicial Magistrate No.II Chengalpet 4.The Inspector of Police Maraimalai Nagar Police Station Tambaram District 5.The Public Prosecutor Madras High Court Chennai 13.12.2022 4/4