Sudha v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025

CORAM

THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR W.P.(MD)No.2246 of 2025 Sudha ... Petitioner Vs

1. The Superintendent of Police, Kanyakumari District, Kanyakumari.

2. The Inspector of Police, Palugal Police Station, Kanyakumari District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, to direct the 2nd respondent herein to initiate appropriate Criminal Action under the relevant provisions of law on the basis of the Complaint, dated 16.11.2024 and also acknowledged by the 2nd Respondent in CSR No.616/2024 within the stipulated time. For Petitioner : Mr.P.Sujai Krishana For Respondents : Mr.A.Thiruvadikumar (R1,R2) Additional Public Prosecutor 1/5

O R D E R

The Writ Petition has been filed to direct the 2nd respondent to initiate appropriate action on the basis of the petitioner's complaint, dated 16.11.2024 in CSR No.616/2024.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents police. 3.The contention of the petitioner is that the petitioner's son, who is studying in II Year B.E., in Mar Ephraem College of Engineering and Technology has left the home on 13.11.2024 for College, not returned to home. As a mother, the petitioner took all steps to trace out him but she failed. In this regard, the petitioner has sent a representation before the 1st respondent and there was no action. Earlier, the petitioner had filed a petition in HCP No. 1488 of 2024 and this Court by order, dated 04.01.2025 dispose of the petition by directing the second respondent to take earnest efforts to trace out the missing boy, who is aged about 19 years. Despite the directions given by the Division Bench of this Court, the second respondent has not conducted investigation in a proper manner. Hence, this writ petition has been filed. 2/5

4.The learned Additional Public Prosecutor submitted that the petitioner's son eloped with his classmate. Based on the complaint of the petitioner for missing boy, an FIR in Cr.No. 17 of 2025 has been registered by the second respondent. Based on the complaint given by the girl's parents, an FIR in Cr.No. 38 of 2025 on the file of Kaliyakavalai Police Station has been registered. The respondent police is taking all efforts to trace and secure the petitioner's son as well as the missing girl. The apprehension of the police is that both the petitioner's son and the girl were eloped together. Hence, the police formed a Special Team and the Superintendent of Police is monitoring the investigation.

5.In view of the above submissions made on either side, this Court finds that since the Superintendent of Police is already taking all earnest efforts to trace the missing boy and girl and monitoring the investigation in Cr.Nos. 17 and 38 of 2025, the Superintendent of Police is directed to take all earnest efforts to secure both the missing boy and girl at the earliest and monitor the investigation done in the aforesaid cases.

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6.With the above direction, this writ petition stands disposed of. 28.01.2025 Index : Yes/No Internet : Yes PNM To:

1. The Superintendent of Police, Kanyakumari District, Kanyakumari.

2. The Inspector of Police, Palugal Police Station, Kanyakumari District.

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

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M. NIRMAL KUMAR,J., PNM W.P.(MD).No.2246 of 2025 28.01.2025 5/5