C.Maruthiraja v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.499 of 2023 C.Maruthiraja .. Petitioner / Husband of Detenue Vs.

1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Kalakad Police Station, Tirunelveli District.

3.Alwyn Silvester .. 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 produce the person or body of the detenu, i.e., the wife of the petitioner namely Karpagaselvi, D/o.Shanmugam Pillai aged about 28 years before this Court and set her at liberty free.

For Petitioner : Mr.K.K.Udayakumar for Mr.H.Arumugam For R-1 and R-2 : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) When the petitioner's wife, namely, Karpagaselvi, aged about 28 years, had gone missing from 02.02.2023, he had given a complaint on 03.02.2023 before the second respondent police. Since the petitioner's wife could not be traced within a reasonable time, he has filed the present Habeas Corpus Petition.

2. Today, when the matter was called, the learned Additional Public Prosecutor submitted that the petitioner's complaint has been registered in Crime No.44/2023 on 03.02.2023 as woman missing and that the second respondent police is conducting the investigation to locate the petitioner's wife. The second respondent has also filed a status report, which evidences

the various steps taken by them in tracing the missing person and that they have sought for further time to complete the investigation.

3. Since the second respondent had registered the petitioner's complaint and are in the process of investigating, we deem it fit that the second respondent could be directed to expedite the investigation and file a final report.

4. In view of this decision, the prayer sought for in the present Habeas Corpus Petition does not require consideration. Accordingly, there shall be a direction to the second respondent herein to expedite the investigation in Crime No.44/2023 and file a final report as expeditiously as possible.

5. With the above direction, the Habeas Corpus Petition stands closed. (M.S.R.,J.) (M.N.K.,J.) 19.09.2023 NCC : Yes / No Index : Yes / No Lm

To 1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Kalakad Police Station, Tirunelveli District.

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

M.S.RAMESH,J.

and M.NIRMAL KUMAR,J.

Lm H.C.P.(MD)No.499 of 2023 19.09.2023