Madras High CourtHCP(MD)/34/2014dismissed

Dharmaraj v. The Superintendent Of Police

2015-09-01Honourable Mr Justice S. Nagamuthu,Honourable Mr Justice V. S. Ravi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P(MD)No.34 of 2014 Dharmaraj .. Petitioner Vs.

1. The Superintendent of Police, O/o. the Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Kadayam Police Station, Tirunelveli District.

3.B.Kannan 4.The Managing Director, Sri Lakshmi Fabrics, Samalapuram, Amur Road, Palladam Taluk, Tiruppur District.

5.The Inspector of Police, Karumathampatti Police Station, Karumathampatti, Coimbatore District.

6.The Inspector of Police, Mangalam Police Station, Tirupur District. .. Respondents (R5 Impleaded as per order of this Court dated 20.2.2014 made in MP(MD) No.1/2014 and R6 is Suo-Motu impleaded as per order of this Court dated 21.7.14) PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, for a direction to produce the petitioner's son Paramasivam, S/o.Dharmaraj, aged 24 years, who is now in the illegal custody of the 3rd and 4th respondents before this Court and set him at liberty.

For Petitioner : Mr.S.A.Ajmal Khan For RR 1,2,5 and 6 : Mr.K.S.Duraipandian Additional Public Prosecutor For RR 3 & 4 : No appearance.

O R D E R

*********** [Order of the Court was made by S.NAGAMUTHU,J] https://hcservices.ecourts.gov.in/hcservices/

The petitioner is the father of one Mr.Paramasivam,S/o. Dharmaraj, aged 24 years. According to the petitioner, Mr.Paramasivam has gone to the respondents 3 and 4 seeking employment. From 03.10.2010, he has been found missing. Seeking production of the missing boy, the petitioner has come up with this petition.

2. This petition has been pending from 2010. It is brought to our notice that a case has been registered in Crime No.158 of 2010 on the file of the Kadayam Police Station, then it was transferred to the fifth respondent and numbered as Crime No.500 of 2011 on the file of the Karumathampatti Police Station and the same is under investigation. The same has been again transferred to the sixth respondent Mangalam Police Station, Tiruppur District and numbered as Crime No.295 of 2014 for 'man missing'. The same is under investigation.

3. It is submitted by the Additional Public Prosecutor that every possible effort is taken to locate the missing boy.

4. Having regard to the said submissions made, since there is no allegation of any illegal detention and since investigation is taken in the right direction, there is no scope to issue any direction as prayed for.

5. Accordingly, this Habeas Corpus Petition is dismissed. However, the sixth respondent shall continue with the investigation expeditiously. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar PJL/RR To

1. The Superintendent of Police, O/o. the Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Kadayam Police Station, Tirunelveli District.

3.The Inspector of Police, Karumathampatti Police Station, Karumathampatti, Coimbatore District.

4.The Inspector of Police, Mangalam Police Station, Tirupur District.

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

GJM/JGB/DP/15.9.15-2P-6C ORDER MADE IN H.C.P(MD)No.34 of 2014 01.09.2015 https://hcservices.ecourts.gov.in/hcservices/