Jeyarani, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATE : 08.07.2019

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE B.PUGALENDHI H.C.P. (MD) NO. 604 OF 2019 Jeyarani .. Petitioner - Vs -

1. The Superintendent of Police District Police Office, Sivagangai District.

2. The Inspector of Police Sivagangai Town Police Station Sivagangai District.

.. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of habeas corpus directing the respondents to produce the body or person of the detenu, viz., Muthuselvam, aged 36 years, before this Hon'ble Court and set him at liberty.

For Petitioner : Mr. R.Balamuruganatham For Respondents : Mr. K.Dinesh Babu, APP

ORDER

(Order of the Court was made by M.Sathyanarayanan, J.) The petitioner is the wife of the detenu, viz., Muthuselvam, aged 36 years and he is found missing from 23.3.19 and even according to the petitioner, she became aware of the fact that her husband has eloped with one Kavitha, D/o Selvi, who is also a minor girl. In this regard, she filed a complaint, which was registered as Crime No.145/19. Since no worthwhile action has been taken by the respondents since the registering of the complaint, the petitioner has filed the present petition.

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2. Heard the learned counsel appearing for the petitioner and Mr.Dinesh Babu, learned Addl. Public Prosecutor, who accepts notice for the 2nd respondent and on instructions, submit that as regards the missing of the minor girl, for the purpose of her production, this Court has already entertained HCP (MD) No.265/19 and insofar as the present case is concerned, a case in crime No.145/19 has been registered by the 2nd respondent u/s 366-A IPC and seeks time to get instructions.

3. In the light of the fact that the detenu, who is the husband of the petitioner had eloped with a minor girl and for production of the minor girl, a case in HCP (MD) No.265/2019 has already been entertained by this Court, no further orders are necessary to be passed in this petition. However, the 2nd respondent is directed to expedite the investigation of the case in Crime No.145/2019 and conduct investigation in a fair and proper manner and keep the petitioner informed of the progress in the investigation periodically. The Deputy Superintendent of Police, Sivagangai District is directed to monitor the investigation conducted by the 2nd respondent and give necessary inputs/suggestions for proper conduct of the investigation.

4. This habeas corpus petition is disposed of accordingly. Registry is directed to mark a copy of this order to the Deputy Superintendent of Police, Sivagangai District, for necessary follow up action.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) To

1. The Superintendent of Police District Police Office, Sivagangai District.

2. The Deputy Superintendent of Police Sivagangai District.

3. The Inspector of Police Sivagangai Town Police Station Sivagangai District.

4. The Addl. Public Prosecutor Madurai Bench of Madras High Court Madurai.

H.C.P. (MD) NO. 604 OF 2019 GLN KK/SAR/19.07.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/