Madras High CourtHCP(MD)/381/2021disposed of

Tamilselvi v. The Superintendent Of Police

2021-09-13Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Bharathidasan2 pages

H.C.P.(MD) No.381 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.381 of 2021 Tamilselvi ... Petitioner/Wife of the detenu -vs1.The Superintendent of Police, Madurai, Madurai District.

2.The Inspector of Police, Sedapati police station, Madurai District.

3.Chelladurai 4.Induja ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the petitioner's husband namely Dinesh Babu (Detenu) is aged about 26 years, either in person by body before this Court from the illegal detention of the third and fourth respondents and thereupon set him at liberty. For Petitioner :

Mr.J.Jeyakumaran For R1 & R2 :

Mr.A.Thiruvadikumar Standing counsel for the State

O R D E R

(Order of the Court was made by V.BHARATHIDASAN, J.) Alleging that the petitioner's husband by name Dinesh Babu, aged about 26 years, found missing and suspecting that the third and fourth respondents, who are related to the husband, abducted him, the petitioner has lodged a complaint before the second respondent police. But, so far no action has been taken to secure the detenu. Hence, the present Habeas Corpus Petition has been filed.

2. When the matter is taken up for hearing today, the learned Standing counsel appearing for the respondents would submit that so far they are not able to secure the detenu and they are conducting investigation to secure him as soon as possible. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.381 of 2021

3. Considering the above facts, the second respondent police is directed to proceed with the investigation and secure the detenu and produce before the concerned jurisdictional Magistrate. On such production, the concerned jurisdictional Magistrate is directed to pass suitable orders, regarding the custody of the detenu, in accordance with law.

4. With the above directions, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) gbg/akv Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Judicial Magistrate, Peraiyur, Madurai District.

2.The Superintendent of Police, Madurai, Madurai District.

3.The Inspector of Police, Sedapati police station, Madurai District.

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

ORDER MADE IN H.C.P.(MD) No.381 of 2021 13.09.2021 GC(27.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2