K.Chithra v. The Superintendent Of Police

H.C.P.(MD) No.773 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.773 of 2021 K.Chithra ... Petitioner/ wife of the Detenu -vs1.The Superintendent of Police, Thanjavur District.

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

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, directing the respondents 1 and 2 to secure and produce the body or person of the petitioner's husband namely R.Kattapomman, aged about 66 years, before this Court and set him at liberty.

For Petitioner :

Mr.V.Paneer Selvam For Respondents :

Mr.S.Ravi Standing counsel for Government

O R D E R

[Order of the Court was made by V.BHARATHIDASAN, J.] Alleging that the petitioner's husband viz., R.Kattapomman, aged about 66 years, found missing from 14.03.2021, the petitioner has filed a complaint before the second respondent police. But no action has been taken so far by the second respondent to secure the detenu. Hence, the Habeas Corpus Petition has been filed.

2. Today, when the matter is taken up for hearing, Mr.S.Ravi, learned Standing counsel appearing for the State, on instructions https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.773 of 2021 would submit that based on the complaint given by the petitioner, an F.I.R. was registered on 24.03.2021, by the respondent police in Crime No.126 of 2021, for man missing and the investigation is pending.

3. Considering the above facts, the second respondent is directed to proceed with the investigation and secure the detenu as soon as possible and produce before the concerned jurisdictional Magistrate. On such production, the concerned Magistrate is directed to pass suitable orders regarding the custody of the detenu, in accordance with law. The Deputy Superintendent of Police, Thiruvidaimaruthur is directed to monitor the investigation.

4. With the above directions, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) akv 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, Thanjavur District.

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

3.The Deputy Superintendent of Police, Thiruvidaimaruthur.

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

H.C.P.(MD) No.773 of 2021 02.08.2021 MGJ(09.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2