Thabasum Fathima v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Thabasum Fathima ... Petitioner Vs.

1.The Inspector of Police [L&O] T3 Pallavaram Police Station Pallavaram, Chennai 600 043.

2.The Commissioner of Police Tambaram City Police Melakottaiyur, Kancheepuram.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of mandamus, directing the 2nd respondent directing to call for the records in FIR No.684/2023 u/s.Man Missing registered by the 2nd respondent herein based on the complaint by the petitioner to the 2nd respondent herein and to find him and produce the missing person namely Mr.Md.Moothiyar Ahmed M/A 49 years son of Md.Yahiya residing at No.6/18 First Street, Pachaiyappan Colony, Zamin Pallavaram, Kancheepuram 600 043 before this Court and set him at liberty.

For Petitioner : Mr.Y.Shoukath For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

[Order of the Court was made by S.S.SUNDAR, J.,] (1)The present writ petition has been filed by the petitioner/wife to cause production of her husband, detenu herein, who is said to be missing from 13.09.2023 and to produce him before this Court and to set him at liberty. (2)Mr.E.Raj Thilak, learned Additional Public Prosecutor accepts notice on behalf of the respondents.

(3)Based on the complaint of the petitioner, a case has been registered in Crime No.684/2023 for 'Man Missing'.

(4)The petitioner has come before this Court by filing the present petition alleging that the respondent police has not taken any action on the complaint.

(5)After filing of this petition, it appears that the detenu himself has gone to his home.

(6)Today, when the matter is taken at the admission stage, the detenu

appeared before us.

(7)On enquiry, the detenu has stated that due to some misunderstanding with the petitioner / his wife, he went out of the house on his own. Though he wanted to say something about the attitude of his wife and others in the family, this Court is not inclined to go into those issues as the detenu was not in the illegal detention or custody. (8)Recording the above facts as well as the statement of the detenu, this Petition stands closed.

[S.S.S.R., J.] [S.M, J.] 23.11.2023 AP Internet : Yes To 1.The Inspector of Police [L&O] T3 Pallavaram Police Station Pallavaram, Chennai 600 043.

2.The Commissioner of Police Tambaram City Police Melakottaiyur, Kancheepuram.

3.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR, J., and SUNDER MOHAN, J., AP 23.11.2023