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Madras High CourtHCP(MD)/391/2024dismissed as infructuous

Vavapugardeen v. The Superintendent Of Police

2024-03-27Honourable Dr Justice G. Jayachandran,Honourable Mr. Justice C.Kumarappan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN Vavupugardeen .. Petitioner/Father ofDetenu Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, 2.The Inspector of Police, Silaiman Police Station, .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the respondents to produce the person or body of the detenu by name, Mohammed Irfan, S/o Vavupugardeen, male, aged about 23 years before this Court and set him at liberty.

For Petitioner : Mr.J.Mohamed Ibrahim For Respondents : Mr.S.Ravi Additional Public Prosecutor

ORDER

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

A complaint was given on 19.03.2024 to the second respondent police by the petitioner herein alleging that his son, by name, Mohammed Irfan, aged about 23 years, gone missing since 17.03.2024. The First Information Report was registered as 'Man Missing' in Crime No.78 of 2024 on 19.03.2024. While the police is investigating the case, the petitioner has approached this Court by filing the habeas corpus petition alleging that the police has not taken any action to search his missing son.

2. When the matter came up for hearing today, the learned Additional Public Prosecutor submitted that pursuant to the complaint given by the petitioner herein, investigation was taken up and thereafter, the respondent police found that the son of the petitioner was in love with one Saraswathi

and to marry her, he went to Kerala without informing the parents and they got married and living as husband and wife. He also submitted that the result of the investigation has already been informed to the petitioner. The petitioner has given a letter dated 25.03.2024 stating that on being ascertained that his son is alive and living happily after marrying the girl of his choice, he does not want to take any action further on his complaint. The letter of the petitioner is also furnished for perusal of this Court. The son of the petitioner as well as the said Saraswathi present before this Court.

3. In the light of the above fact, the Habeas Corpus Petition is dismissed as infructuous.

(G.J.,J.) (C.K.,J.) 27.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes skn To 1.The Superintendent of Police, Office of the Superintendent of Police,

2.The Inspector of Police, Silaiman Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

skn 27.03.2024