Madras High CourtHCP(MD)/895/2014closed

Anjelo Mery v. The Superintendent Of Police

2017-07-04Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2017

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD)No.895 of 2014 Anjelo Mery ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kodaikannal, Dindigul District.

3.The Inspector of Police, Kodaikannal Police Station, Dindigul District.

... Respondents PRAYER: Habeas Corpus Petition is filed under Article 226 of Constitution of India praying to direct the respondents to produce the person and body of the detenu namely Rajangam, Son of Raj, aged 32 years before this Court and set him at liberty. For Petitioner : Mr.R.Alagumani For Respondents : Mr.C.Ramesh Additional Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking production of the husband, who is stated to be missing, the present Habeas Corpus Petition has been filed by the petitioner, who is the wife.

2. Heard Mr.R.Alagumani, learned counsel appearing for the petitioner and Mr.C.Ramesh, learned Additional Public Prosecutor appearing for the respondents.

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3. By the earlier order, this Court directed change of investigation. The learned Additional Public Prosecutor would submit that the investigation is being carried on at present by the Deputy Superintendent of Police, District Crime Branch, who is also present before this Court. It is submitted that the preliminary investigation would reveal that the husband of the petitioner is absconding, in view of the loan transactions with various parties as he was unable to repay them. The learned Additional Public Prosecutor would also submit that the further investigation is on and appropriate action would be taken.

4. In such view of the matter, we are not inclined to keep the Habeas Corpus Petition any longer. Accordingly, the Habeas Corpus Petition stands closed by directing the Investigating Officer to proceed with the investigation. However, liberty is given to the petitioner to file appropriate petition. Sd/- Assistant Registrar(Records) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kodaikannal, Dindigul District.

3.The Inspector of Police, Kodaikannal Police Station, Dindigul District.

+One cc to Mr.R.Alagumani, Advocate, SR.No.63563 sm/akv RL/5C/2P/MR/SAR1/14/7/2017 H.C.P.(MD)No.895 of 2014 04.07.2017 https://hcservices.ecourts.gov.in/hcservices/