A. Sakkar Badsha v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P(MD)No.1218 of 2015 A.Sakkar Badsha .. Petitioner Vs.

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

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

3.Kavitha @ Thilaka 4.Siva .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, praying for a direction to the respondents to produce the body or person of the detenu, the petitioner's son by name, Shaik Abdullah, aged about 21 years, before this Court and set him at liberty.

For Petitioner : Mr.T.Selvam For RR 1 & 2 : 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] The petitioner is the father of one Mr.Shaik Abdullah, aged about 21 years. According to the petitioner, he has been found missing from 06.08.2015. On a compliant made by him, the second respondent has registered a case in Crime No.624 of 2015 on 08.08.2105, for man missing. The complaint was made on 07.08.2015 and the case was registered on 08.08.2015. Now, the petitioner has come up with this petition, seeking appropriate direction to trace out the detenu.

2. We have heard the learned counsel appearing for the petitioner, the learned Additional Public Prosecutor appearing for the respondents and we have also perused the records carefully.

3. The learned Additional Public Prosecutor would submit that the investigation is taken a right direction and every possible steps are taken to secure Mr.Sheik Abdullah.

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4.The learned counsel for the petitioner would submit that it appears that Mr.Shaik Abdullah has eloped with the third respondent.

5. Since, the detenu has been found missing from 06.08.2015 and since a case has been registered and the investigation is going on, within such a short span of few days, we cannot entertain this Habeas Corpus Petition and to issue any direction. The respondent police needs breathing time to do further investigation.

6.In view of the same, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

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

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

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

ORDER MADE IN H.C.P(MD)No.1218 of 2015 19.08.2015 PJL/RR NS/AN-MP/SAR I/08.09.2015 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/