Madras High CourtHCP(MD)/1043/2015dismissed

K.Ramu v. The Superintendent Of Police

2015-10-09Honourable Mr Justice S. Nagamuthu,Honourable Mr Justice V. S. Ravi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P(MD)No.1043 of 2015 K.Ramu .. Petitioner Vs.

1.The Superintendent of Police, Dindigul, Dindigul District.

2.The Inspector of Police, Vilampatty Police Station, Dindigul District.

3.Pavithra 4.K.Moorthy .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, to direct the respondents to produce the person or body of the petitioner's son Anburaja, S/o.Ramu, aged 30 years before this Court and set him at liberty.

For Petitioner : Mr.V.Palani For RR 1&2 : Mr.T.Mohan Additional Public Prosecutor.

For R3 : Mr.N.Dilip Kumar For R4 : No appearance

O R D E R

[Order of the Court was made by S.NAGAMUTHU,J] The petitioner is the father of one Mr.Anburaj, aged at 30 years. According to the petitioner, he has been found missing from the year 29.08.2013. In this regard, on a complaint made by the petitioner, a case has been registered by the second respondent in Crime No.97 of 2013 for 'man missing'. But, so far the detenu has not been rescued and it is the grievance of the petitioner. Therefore, he is before this Court with this Habeas Corpus Petition.

2. We have heard the learned counsel appearing for either side and the perused the records carefully.

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3. A status report had already been filed by the Inspector of Police, wherein it is stated that all out efforts have been taken to secure the detenu.

4 The learned counsel appearing for the third respondent/the wife of the detenu would submit that the detenu is not kept by her and he is missing.

5 In our considered view, since there is no illegal detention, there is no scope for issuing any order as prayed for. However, the Superintendent of Police, Dindigul is directed to transfer the investigation to the Deputy Superintendent of Police, Nilakottai, Dindigul District for further investigation. 6 With the above direction, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar(Per.Admn) /TRUE COPY/ Sub Assistant Registrar PJL/RR To 1.The Superintendent of Police, Dindigul, Dindigul District.

2.The Inspector of Police, Vilampatty Police Station, Dindigul District.

3. The Deputy Superintendent of Police Nilakottai, Dindigul District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc to MR.N.DILIP KUMAR, ADVOCATE, SR NO: 60738 ORDER MADE IN H.C.P(MD)No.1043 of 2015 09.10.2015 JAM /26.10.2015/AAL-MPA/2P-6C https://hcservices.ecourts.gov.in/hcservices/