R.Rani v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2017
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P(MD)No.885 of 2017 R.Rani : Petitioner Vs.
1. The Superintendent of Police, Virudhunagar District, Virudhunagar.
2. The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.
3. The Sub-Inspector of Police, Seithur Rural Police Station, Virudhunagar District.
4. V.Gopi : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus petition, directing the Respondents 1 to 3 herein to produce the body or person of the detenu namely Mr.Ramachandaran, S/o Vairavan, aged about 31 years before this Hon'ble Court and set him at liberty. For Petitioner : Mr.G.Marimuthu For Respondents 1 to 3 : Mr.T.Mohan Additional Public Prosecutor
O R D E R
*********** [Order of the Court was made by T.S.SIVAGNANAM, J.] The petitioner is the wife of the detenu, who is said to have married her in the year 2009 and it is an inter caste love marriage and out of the wedlock, she gave birth to two female children. Since January 2017, her husband is missing and his whereabouts are not known and a complaint was given by the petitioner, which has been acknowledged in CSR No.33/2017 on the file Seithur Rural Police Station, Virudhunagar. https://hcservices.ecourts.gov.in/hcservices/
2.The CSR receipt mentions the gist of the complaint as if the petitioner's husband has come in contact with another lady and eloped.
3.The learned counsel for the petitioner submitted that no such allegation was made by her in the complaint given to the respondent police and she has only stated that her husband is missing.
4.The learned Additional Public Prosecutor appearing for the respondents 1 to 3 on instructions submitted that based on the information given by the petitioner, they constituted a team and along with the petitioner they went in search of the detenu to Sathyamangalam, but, he was not found.
5.Thus, it is clear that the petitioner is aware of the steps taken by the police to search the detenu. Therefore, we direct the respondent police to register a case, investigate the same as expeditiously as possible, preferably within a period of 6 weeks from the date of receipt of a copy of this order, and if the detenu is found, he shall be produced before the jurisdictional Judicial Magistrate.
6.This Habeas Corpus Petition is disposed of with the above direction.
sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To
1. The Superintendent of Police, Virudhunagar District,Virudhunagar.
2. The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.
3. The Sub-Inspector of Police, Seithur Rural Police Station, Virudhunagar District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.
+1 cc to MR.G.Marimuthu , Advocate in SR.No. 61098 Is AE/SKN RSK/SAR1/30.06.2017/2P/6C H.C.P(MD)No.885 of 2017 20.06.2017 https://hcservices.ecourts.gov.in/hcservices/