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Madras High CourtCRL OP(MD)/2205/2020disposed of

Alagammal v. The Superintendent Of Police

2023-03-13Honourable Mrs Justice R. Tharani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2023

CORAM:

THE HONOURABLE MRS. JUSTICE R.THARANI Alagammal

...Petitioner

Vs 1.The Superintendent of Police, Madurai District, Madurai 2.The Inspector of Police, Appanthirupathy Police Station, Madurai District.

In Crime No.31 of 2020 3.Senthilkumar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying this Court to direct the respondents to produce the body of person of the detenue by name Shanthi, wife of Senthilkumar aged about 30 years who has been missing from 05.01.2020 onwards before this Court set her at liberty.

For Petitioner : Mr.A.R.Kannappan For Respondents 1 & 2 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) For 3rd Respondent : No Appearance 1/4

ORDER

This petition is filed to direct the respondents to produce the body of person of the detenue by name Shanthi, wife of Senthilkumar, who has been missing from 05.01.2020 onwards before this Court. 2.Heard the argument of the learned counsel for the petitioner and the learned Government Advocate (Criminal Side).

3.It is seen that this petition is pending for the past three years. The wife of the third respondent is missing for the past three years. The matter is listed before me on 06.03.2023. On that hearing date, the matter was adjourned to 13.03.2023 for filing counter and even today(13.03.2023), the prosecution failed to file the counter and the prosecution failed to take any steps to find out whereabouts of the missing lady.

4.In the above circumstances, it is directed that this case is to be transferred to the file of the Deputy Superintendent of Police, Ommachikulam for further investigation and the Deputy Superintendent of Police is directed to take up the matter for investigation and to file a final report within a period of two months from the date of receipt of copy of this order. 2/4

5.For the above said direction, this Criminal Original Petition is disposed of. No Costs.

13.03.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No Mrn To 1.The Superintendent of Police, Madurai District, Madurai.

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

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

3/4

R. THARANI,J.

Mrn 13.03.2023 4/4