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Madras High CourtHCP(MD)/385/2023disposed of

Aruldensi Mery v. The Superintendent Of Police

2024-02-19Honourable Dr Justice G. Jayachandran,Honourable Mr. Justice C.Kumarappan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN Aruldensi Mary .. Petitioner/Mother of the Detenu Vs.

State represented by 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the second respondent to produce the person or body of the petitioner's son namely Danlepanto, son of Pilavendran, aged 15 years, before this Court and hand over his custody to the petitioner.

For Petitioner : Mr.A.Mohan For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

The petitioner's son, namely, Danlepanto, aged about 15 years (D.O.B - 27.09.2007) went missing on 20.02.2023 while he was studying at St.Arockiya Annai Higher Secondary School, Punalvasal, Pattukkottai Taluk, Thanjavur District. He was a hosteller staying in the hostel attached to the said school. From the warden of the hostel, the petitioner herein, who is the mother of the missing minor boy, came to know about the missing of his son and thereafter, lodged a complaint before the respondents. Based on the said complaint, FIR was registered in Crime No.63 of 2023 on 24.02.2023. Since there was no progress in the investigation, the present Habeas Corpus Petition has been filed.

2. For nearly one year, the matter is pending for consideration before this Court. Several directions have been given by this Court and the respondent Police has filed reports about their attempt to trace the whereabouts of the missing boy, but, till date, the boy could not be traced.

3. A detailed status report is filed by the first respondent/Superintendent of Police, Thanjavur District dated 19.02.2024, wherein, it is stated that 3 special teams have been constituted, working under the Anti Child Trafficking Unit headed by the Deputy Superintendent of Police, Pattukkottai and intensively, they are making search of the boy.

4. This Court, after taking note of the facts and circumstances, is of the view that no purpose would be served by keeping the Habeas Corpus Petition pending. Therefore, the Habeas Corpus Petition is disposed of with a direction to the respondent Police to continue their intensive search and report to the petitioner as soon as the boy is traced or any information is received. The petitioner, if receives any information about the boy from any of her own sources, shall pass on to the respondent Police for them to make effective search.

(G.J.,J.) (C.K.,J.) 19.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

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

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

Lm 19.02.2024