P.Sakthivel v. The Superintendent Of Police
H.C.P.(MD) No.16 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.16 of 2021 P.Sakthivel ... Petitioner Vs.
1.The Superintendent of Police, District Police Office, Ramanathapuram District.
2.The Inspector of Police, Mandapam Police Station, Ramanathapuram District.
... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the person or body of petitioner' daughter namely Samyukthashri D/o P.Sakthivel aged about 18 years old before this Court and set her at liberty. For Petitioner :
Mr.R.Jegadeshwaran For Respondents :
Mr.S. Ravi Additional Public Prosecutor
O R D E R
(Order of the Court was made by V.BHARATHIDASAN, J.) Alleging that the petitioner's daughter by name Samyukthashri, aged about 18 years, found missing, the petitioner has given a complaint before the second respondent police. But, no action has been taken to secure the detenu. Hence, the present Habeas Corpus Petition has been filed.
2. The second respondent has filed a status report. In the status report, it is stated that the detenu has love affair with one Karthick Raja, which was opposed by the petitioner and his relatives and the mother of the detenue has also beaten the detenu in the house and hence, she left the house. Thereafter, based on the complaint given by the petitioner, case has been registered. The learned Additional Public Prosecutor would further submit that the respondent police is continuing investigation and they issued pamphlets and affixed the photographs of the victim girl in all the public places including bus stand and railway station. They have https://hcservices.ecourts.gov.in/hcservices/ 1/2
H.C.P.(MD) No.16 of 2021 also examined the said Karthick Raja and recorded his statement and conducting investigation.
3. Considering the above submission, it is seen that investigation has been conducted in a proper way. Therefore, the second respondent police is directed to proceed with the investigation and secure the detenu as early as possible and produce before the concerned jurisdictional Magistrate. On such production, the concerned jurisdictional Magistrate is directed to pass suitable orders, regarding the custody of the detenu, in accordance with law.
4. With the above directions, the Habeas Corpus Petition is closed.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) cm 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 Judicial Magistrate, Rameshwaram.
2.The Superintendent of Police, District Police Office, Ramanathapuram District.
3.The Inspector of Police, Mandapam Police Stat55ion, Ramanathapuram District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
H.C.P.(MD) No.16 of 2021 21.09.2021 RK (01.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2