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Madras High CourtHCP(MD)/78/2020dismissed

A. Preskovia v. The Superintendent Of Police

2020-01-30Honourable Mr Justice T.Raja,Honourable Mr Justice B.Pugalendhi2 pages

H.C.P.(MD) No.78 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.78 of 2020 A.Preskovia ... Petitioner/Wife of Detenue versus

1. The Superintendent of Police, Pudhukottai District.

2. The Inspector of Police, Keeranur Police Station, Pudhukottai District.

... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India, for the issuance of writ of Habeas Corpus, to direct the respondents to produce the body of the detenu, K.Anand, S/o. Karnan, aged about 35 years, who has been missing from 23.01.2020 and set him at liberty For Petitioner : M/s.N.Karthik Kanna For Respondents : Mr.K.Dinesh Babu, Additional Public Prosecutor

ORDER

[Order of the Court was delivered by T.RAJA, J.] This petition has been filed by the petitioner, seeking a direction to the respondents to produce her husband/detenu, namely, K.Anand, S/o. Karnan, aged about 35 years.

2. According to the petitioner, her husband went missing from 23.01.2020. Even after a complaint was given on 27.01.2020 to the first respondent, his whereabouts has not come to light. Therefore, she has filed this petition.

3. Mr.K.Dinesh Babu, learned Additional Public Prosecutor submits that the detenu having involved in a case registered in Cr.No.21 of 2020 for the offence under Sections 147, 148 and 302 IPC was arrested and remanded to judicial custody on 28.01.2020 and hence, nothing survives in this petition. He has also produced a copy of the FIR and Arrest/Court Surrender Form before this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/3

H.C.P.(MD) No.78 of 2020

4. Recording the same, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) ogy To

1. The Superintendent of Police, Pudhukottai District.

2. The Inspector of Police, Keeranur Police Station, Pudhukottai District.

H.C.P.(MD) No.78 of 2020 30.01.2020 SMA/11/02/2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/3