Subalakshmi v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23..12..2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice N.ANAND VENKATESH Habeas Corpus Petition No.2634 of 2022 Subalakshmi ..... Petitioner -Versus1.The State Rep. by its Inspector of Police, Villiyanur Police Station, Puducherry.

2.Chitra .... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents to produce the body of the petitioner's mother viz., Vimala, W/o Manikkam, aged about 68 years, before this court and set her at liberty.

For Petitioner : Mr.R.Krishnakumar For Respondents : Mr.V.Balamurugane, Public Prosecutor (Puducherry) for RR1 & 2

ORDER

[Order of the Court was made by P.N.PRAKASH.J.,] This Habeas Corpus Petition has been filed seeking a direction to the respondents to produce the body of the petitioner's mother viz., Vimala, W/o Manikkam, aged about 68 years, before this court and set her at liberty.

2. It is the case of the petitioner that her mother - Vimala, aged 68 years, went missing sometime in the year 2016, in connection with which, the petitioner has stated that, she gave a complaint to the police on 02.05.2019 on which no action was taken. It is the further case of the petitioner that her brother - Velu died on 08.08.2021 and that her mother is now in the illegal custody of the 2nd respondent, who is none other than the sister-in-law of the petitioner (wife of the deceased Velu).

3. On instructions, Mr.V.Balamurugane, learned Public Prosecutor (Puducherry), submitted that the petitioner had not given any complaint to the police so far and after filing of this Habeas Corpus Petition, an enquiry was conducted by the 1st respondent police in which, Chithra (2nd respondent) appeared and stated that she had also not seen her mother-inlaw after 2016 and is not aware of her whereabouts. The learned Public

Prosecutor (Puducherry) further submitted that enquiry conducted by the police revealed that Vimala (detenue) is not in the custody of either the 1st respondent or 2nd respondent.

Recording the same, this Habeas Corpus Petition is closed with liberty to the petitioner to workout her remedy in the manner known to law. (P.N.P., J.) (N.A.V.,J.) 23..12..2022 Index: Yes/No kmk To 1.The Inspector of Police, Villiyanur Police Station, Puducherry.

2.The Public Prosecutor (Puducherry), High Court, Madras.

P.N.PRAKASH.J., AND N.ANAND VENKATESH.J.,

kmk 23..12..2022