Azhagar v. The Superintendent Of Police

H.C.P(MD)No.20 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD).No.20 of 2021 Azhagar ... Petitioner/father of the detenue -vs1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Usilampatti Town Police Station, Usilampatti, Madurai.

3.Mr.M.Monajkumar ... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the official respondents to produce the detenue namely Mrs.Aarthi, aged about 24 years, D/o.Azhagar, before this Court and set her at liberty. For Petitioner :

Mr.K.K.Samy For R-1 & R-2 :

Mr.S.Ravi Standing counsel for the State

O R D E R

(Order of the Court was made by V. BHARATHIDASAN, J.) The petitioner is the father of the detenue and alleging that the petitioner's daughter by name Mrs.Aarthi, aged about 24 years, is found missing from 23.09.2019, the petitioner is said to have given a complaint before the second respondent police. Even though an F.I.R has been registered in Crime No.14 of 2020, so far no action has been taken by the second respondent police to secure the detenue. Hence, the present Habeas Corpus Petition has been filed.

2.When the matter is taken up for hearing today, Mr.S.Ravi, learned Standing Counsel appearing for the State, on instructions would submit that based on the complaint given by the petitioner, a case in Crime No.14 of 2020 has already been registered by the second respondent police and the investigation is also in progress.

3.Considering the above facts, the second respondent police is directed to proceed with the investigation and secure the detenue as early as possible and produce before the concerned Judicial Magistrate. On such production, the concerned Judicial Magistrate is directed to pass suitable orders regarding the custody of the detenue, in accordance with law.

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H.C.P(MD)No.20 of 2021

4. With the above directions, the Habeas Corpus Petition is closed. Sd/- Assistant Registrar (P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Usilampatti Town Police Station, Usilampatti, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to M/s.K.Samidurai, Advocate (SR25536) H.C.P.(MD) No.20 of 2021 04.08.2021 LS RS (12.08.2021) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2