Madras High CourtHCP(MD)/297/2018closed

Razitha Beevi v. The State Rep. By

2018-03-07Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2018

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P(MD) No.297 of 2018 Razitha Beevi ... Petitioner -vs1.The State represented by The Superintendent of Police, District Superintendent of Police Office, Madurai District.

2.The Inspector of Police, Karuppayurani Police Station, Madurai 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 respondent Nos.1 & 2 to produce the body of the petitioner's son named Rajamohamed, S/o.Shajahan, aged about 27 years old and set him at liberty.

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.K.Dinesh Babu Addl. Public Prosecutor

O R D E R

[Order of the Court was made by S.VIMALA, J] This petition has been filed by mother, seeking direction to the respondent Nos.1 & 2 to produce her son / detenu by name Rajamohamed, S/o.Shajahan, aged about 27 years old and set him at liberty.

2. According to the petitioner, she has got four sons, out of whom, the detenu herein is the elder son, running a mutton stall; that on 05.03.2018 at about 3.30pm, two persons came in a civil dress, trespassed into the shop and dragged the detenu out of the shop and they have also taken Rs.14,000/- from the shop along with the mobile phone of her youngest son Samsudeen; It is https://hcservices.ecourts.gov.in/hcservices/

alleged that on coming to know that the detenu has been kept in the 2nd respondent Police Station, she went to the Station, where her son was detained illegally thorought the day; that thereafter, it was informed to the petitioner that a case has been registered against the detenu.

3. At this juncture, the learned Additional Public Prosecutor has submitted that the detenu has been arrested pursuant to registration of a case in Crime No.119 of 2018 for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) and 25 of NDPS Act, 1985 and in the FIR, the detenu has been cited as the fifth accused. In support of the said submission, he has also produced a copy of the FIR

4. Recording the said submission made by the learned Additional Public Prosecutor, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To:

1.The State represented by The Superintendent of Police, District Superintendent of Police Office, Madurai District.

2.The Inspector of Police, Karuppayurani Police Station, Madurai District.

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

+1CC TO M/S.R.KARUNANITHI, ADVOCATE, SR NO.53435 H.C.P(MD) No.297 of 2018 07.03.2018 ar MS/PM-PN/SAR.4/09.03.2018/2P.5C https://hcservices.ecourts.gov.in/hcservices/