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Madras High CourtHCP(MD)/580/2021closed

Parameshwari v. The Superintendent Of Police

2021-06-08Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN Parameshwari, W/o.Kannaiah ... Petitioner/Wife of Detenue -vs1.The Superintendent of Police, Maudrai District, Madurai.

2.The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to secure the detenue viz., Chitradevi, D/o.Kannaiah, aged about 33 years, and produce in person or body before this Court and set her at liberty.

For Petitioner :

Mr.S.Pandiyaraj For Respondents :

Mr.S.Ravi Standing Counsel for Tamil Nadu Government

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The prayer in this Habeas Corpus Petition is to direct the respondents to secure the daughter of the petitioner viz., Chitradevi, D/o.Kannaiah, aged about 33 years, and set her at liberty.

2.The petitioner would state that she is having two daughters and two sons and the detenue is her elder daughter. She would further state that the detenue was married to one Thangaraj, about 10 years ago. However, due to misunderstanding, they are living separately for the past three years. The detenue is a Yoga Teacher and stays at a separate house. The grievance of the petitioner is that on 01.04.2021, the detenue after having dinner with the petitioner, went to her house at 09.00 p.m. and she did not turn up to the petitioner's house subsequently. Hence, she lodged a complaint with the second respondent on 05.04.2021 and the same was 1/3

registered in Crime No.133 of 2021 under 'Woman Missing'. It is alleged that the second respondent did not take appropriate steps to find out the petitioner's daughter and hence, she was put to great strain and mental agony.

3.Heard Mr.S.Pandiyaraj, learned counsel appearing for the petitioner and Mr.S.Ravi, learned Standing Counsel appearing for the respondents.

4.It is the submission of the learned Standing Counsel appearing for the respondents that the detenue in this case, was murdered by one Hari Krishnan, who was an Advocate at Thirumangalam Bar. Knowing the registration of the case, he has committed suicide. It is further represented that though the criminal case was registered originally under 'Woman Missing', now, the offence in Crime No.133 of 2021 has been altered into 302 I.P.C., on 05.05.2021 and the investigation is on.

5.In the light of the aforesaid submissions made by the learned Standing Counsel appearing for the respondents, we of the opinion that nothing survives for further adjudication in this Habeas Corpus Petition and hence, the same is closed. We hope that the second respondent would conduct further investigation in the case to find out whether any other persons are involved in the offence. Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) smn2 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 Superintendent of Police, Maudrai District, Madurai.

2.The Inspector of Police, Thirumangalam Town Police Station, Madurai District. 2/3

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

08.06.2021 mj(CO) TR(18.06.2021) 3P 4C 3/3