H.Nerosha v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2023

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN THE HON'BLE MR.JUSTICE SUNDER MOHAN H.Nerosha

...Petitioner/Daughter

of the detenue Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, E-5, Maattuthaavani Police Station, Madurai District. ...Respondents PRAYER: This Habeas Corpus Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, directing the 2nd respondent to produce the person or body of the detenu namely, Joseph, aged about 70 years, S/o.Paul, before this Court and set him at liberty.

For Petitioner :Mr.M.Inivayan For Respondents : Mr.R.Meenkshi Sundaram Addl. Public Prosecutor 1/4

O R D E R

DR. G.JAYACHANDRAN,J.

SUNDER MOHAN,J.

This Habeas Corpus Petition is filed by the daughter of one Joseph, aged 70 years, alleging that her father wen missing from Meenakshi Mission Hospital, while the family members were attending the treatment of the daughter of the petitioner for split lip at Meenakshi Mission Hospital.

2.Even according to the FIR, a complaint was given to the Maattuthaavani Police Station. Based on the said complaint, CC TV camera was examined and it was found that the said Joseph mentally deranged person and he is being crossing the road near the High Court and Othakadai.

3.The learned Additional Public Prosecutor appearing for the respondents filed a report before this Court stating that the said Joseph met with an accident on 05.01.2023 and was admitted in the Government Rajaji Hospital and later, he was succumbed to the injuries. 2/4

4.In view of the above facts, this Court finds that nothing survives for adjudication in the Habeas Corpus Petition and hence, the same is dismissed.

(G.J.,J.) (S.M.,J.) 27.01.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, E-5, Maattuthaavani Police Station, Madurai District.

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

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DR. G.JAYACHANDRAN,J.

SUNDER MOHAN,J.

Ns 27.01.2023 4/4