E.Karthik v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.6282 of 2020 E.Karthik ... Petitioner Vs.

1.The Superintendant of Police, Office of the Superintendant of Police, 2.The Deputy Superintendant of Police, Office of the Deputy Superintendant of Police, 3.The Inspector of Police, Town Karur Police Station, ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents herein to conduct a detailed enquiry and produce the body or person of petitioner's wife namely Nageswari @ Hema, aged about 33 years and his son named Yosith aged 6 years and set them at liberty.

For Petitioner : Mr.M.Bindran For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This criminal original petition has been filed seeking a direction to direct the respondents herein to conduct a detailed enquiry and produce the body or person of petitioner's wife, namely, Nageswari @ Hema, aged about 33 years and his son named Yosith aged 6 years and set them at liberty.

2.The learned counsel for the petitioner would submit that the petitioner is the husband of Nageswari @ Hema. On 22.03.2020, while at the time the petitioner along with his wife and son attending a ear wearing ceremony at Karur, the said Nageswari @ Hema, who is the wife of the petitioner and their son were found missing from the said place from 11.30 a.m onwards. Immediately after occurrence, the case has been registered in Crime No.165 of 2020 under the caption for 'women missing' on the file of the third respondent. Though the case has been registered immediately, subsequent to the registration of the case the respondent police had not taken any 1/3

steps for securing the missing women and missing boy. Therefore, appropriate order is necessary for securing the petitioner's wife and his son.

3.The learned Additional Public Prosecutor appearing for the respondents would submit that on enquiry it was found that the said Nageswari @ Hema eloped with one Ananth, who is also residing in Melmalaiyaur. Now the police made effective steps for securing the said lady with the help of signals available from the phone towers. 4.Now on considering the submission made by the learned Additional Public Prosecutor appearing for the respondents police, it reveals the fact that after registration of the case, the same has to be investigated by following the procedures made in the Police Standing Order. The learned counsel for the petitioner did not indicate any special circumstances warranting interference of this Court in the investigation conducted by the third respondent. However, since the lady has been eloped along with minor child, it is necessary to direct the third respondent to complete the investigation as early as possible.

5.In view of the above observations, this Criminal Original Petition is disposed of with a direction to the third respondent to complete the investigation as early as possible preferably within a period of six months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) 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 Superintendant of Police, Office of the Superintendant of Police, 2.The Deputy Superintendant of Police, Office of the Deputy Superintendant of Police, 2/3

3.The Inspector of Police, Town Karur Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

07.09.2020 VB (15.09.2020) 3P 5C 3/3