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Madras High CourtHCP(MD)/867/2021closed

P.Seethalakshmi v. The Superintendent Of Police

2021-08-03Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Bharathidasan2 pages

H.C.P(MD)No.867 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD).No.867 of 2021 P.Seethalakshmi ... Petitioner/mother of the detenue -vs1.The Superintendent of Police, Thoothukudi District.

2.The Deputy Superintendent of Police, Srivaikundam Division, Thoothukudi District.

3.The Inspector of Police, Srivaikundam Police Station, Thoothukudi District.

4.M.Manimaran ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus directing the respondents 1 to 3 to produce the person or body of the detenue, the petitioner's daughter viz., Rojini, aged about 35 years, now in the illegal custody of respondent No.4 before this Court and set the petitioner's daughter at liberty.

For Petitioner :

Mr.I.Robert Chandrakumar For R-1 to R-3 :

Mr.S.Ravi Standing counsel for the State

O R D E R

(Order of the Court was made by V. BHARATHIDASAN, J.) Alleging that the petitioner's daughter by name Rojini, aged about 35 years, is found missing from 23.05.2021, the petitioner has lodged a complaint before the third respondent police. But, so far no action has been taken by the respondent police to secure the detenu. Hence, the present Habeas Corpus Petition.

2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Standing counsel appearing for the State, on instructions would submit that based on the complaint given by the petitioner, the respondent police has registered an F.I.R. in Crime No.36 of 2021 and the investigation is also in progress.

3. Considering the above facts, the third respondent police is directed to proceed with the investigation and secure the detenu and produce before the concerned Judicial Magistrate. On such production, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P(MD)No.867 of 2021 concerned Judicial Magistrate is directed to pass suitable orders regarding the custody of the detenu, in accordance with law. The concerned Deputy Superintendent of Police is directed to monitor the investigation.

4. With the above directions, the Habeas Corpus Petition is closed. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Thoothukudi District.

2.The Deputy Superintendent of Police, Srivaikundam Division, Thoothukudi District.

3.The Inspector of Police, Srivaikundam Police Station, Thoothukudi District.

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

+1CC to M/s.S.Robert Chandrakumar, Advocate (SR25415) H.C.P.(MD) No.867 of 2021 03.08.2021 SSS RS (10.08.2021) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2