N.Kamalam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR HCP(MD).No.147 of 2023 N.Kamalam : Petitioner Vs 1.The Superintendent of Police O/o.The Superintendent of Police, Trichy District 2.The Deputy Superintendent of Police Office of the Deputy Superintendent of Police, Thiruverumbur Taluk Trichy District.

3.The Inspector of Police, Thiruverambur Police Station, Trichy District.

: Respondents Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Habeas Corpus to direct the respondents to produce the body or person of the petitioner's husband, the detenu, viz., Nagaraj, S/o.Sambasivam, aged about 60 years before this Court and set him at liberty forthwith.

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For Petitioner : Mr.S.Suriya Narayanan For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The petitioner's husband one Nagaraj, aged abut 60 years went missing from 16.12.2022, to which she had given a complaint to the 3rd respondent and the same has been registered in Crime No.432/2022 as man missing. The present Habeas Corpus Petition is filed in this background.

2. The third respondent herein, who had registered the petitioner's complaint, has filed a status report today stating that as seen in the complaint, the petitioner's husband's two wheeler bearing Registration No.TN48 1681 was found in the banks of Cauvery River and they have also initiated steps to trace her husband. According to the report, they had circulated printed pamphlets and photograph of the missing person and distributed to the general public in the vicinity. It is also stated in the report that at the time when the petitioner's husband went missing, the Cauvery River was at its full owing to the discharge of water from Mettur Dam and hence, they were not in 2/5

a position to trace the petitioner's husband. The third respondent is in the process of investigating further.

3. Now, the third respondent had already taken up the complaint on file and is investigating the same. Hence, it will be appropriate to direct them to expedite the process and in this background, the present Habeas Corpus Petition need not be kept pending. Accordingly, the third respondent is hereby called to complete the investigation in Crime No.432/2022 as expeditiously as possible.

4. With the above direction, this Habeas Corpus Petition is closed. [M.S.R.,J] [M.N.K.,J] 17.07.2023 Index : Yes / No Internet : Yes RR 3/5

To 1.The Superintendent of Police O/o.The Superintendent of Police, Trichy District 2.The Deputy Superintendent of Police Office of the Deputy Superintendent of Police, Thiruverumbur Taluk Trichy District.

3.The Inspector of Police, Thiruverambur Police Station, Trichy District.

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

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M.S. RAMESH , J.

AND M.NIRMAL KUMAR, J.

RR HCP(MD).No.147 of 2023 17.07.2023 5/5