Madras High CourtHCP(MD)/432/2018disposed of

M.Mary v. The Superintendent Of Police

2018-09-04Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.[MD].No.432 of 2018 M.Mary : Petitioner Vs.

1.State rep by The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Puliangudi Sub-Division, Tirunelveli District.

3.The Inspector of Police, Sivagiri Police Station, Tirunelveli District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the person or body of the petitioner's husband, namely, Mannar [aged 38 years], S/o.Raj, before this Court and set him at liberty.

For Petitioner : Mr.D.Anbarasu For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by M.M.SUNDRESH, J.] The present Habeas Corpus Petition has been filed by the wife of the detenu, seeking a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenu, namely, Mannar [aged 38 years], S/o.Raj, before this Court and set him at liberty.

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2. The learned counsel appearing for the petitioner would submit that the detenu is missing from 07.01.2012 onwards. It appears that this is the third round of litigation filed by the petitioner, after finding that the detenu could not be traced, even on the earlier occasions.

3. The learned Additional Public Prosecutor is not in a position to dispute the said position.

4. Considering the above, we direct the third respondent herein to hand over the investigation in Crime No.15 of 2012 to the Inspector of Police, CBCID, Tirunelveli. The Habeas Corpus Petition stands disposed of accordingly.

Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS-I) To 1.The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Puliangudi Sub-Division, Tirunelveli District.

3.The Inspector of Police, Sivagiri Police Station, Tirunelveli District.

4.The Inspector of Police, CBCID, Tirunelveli. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC To MR.D.ANBARASU, Advocate SR. NO. 82269 ORDER MADE IN H.C.P.[MD].No.432 of 2018 04.09.2018 NB TR/SV/SAR-I(11.10.2018)2P 7C https://hcservices.ecourts.gov.in/hcservices/