R.Vempayee v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Thursday, the Twenty Fourth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice M.S.RAMESH AND The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL MP(MD). No.6517 of 2023 in H.C.P.(MD)No. 659 of 2019 R.Vempayee ... Petitioner Vs 1.The Superintendent of Police District Police Office Thanthondrimalai 2.The Deputy Superintendent Of Police Karur Division, 3.The Inspector of Police Karur Town Police Station, ... Respondents Prayer in CRL.MP(MD)No.6517 of 2023:- This Criminal Miscellaneous Petition filed under Article 226 of Constitution of India, pleased to issue a direction, directing the respondents 1 to 3 to comply with the order passed by this Honble Court in H.C.P.(MD)No.659 of 2019,dated 22.07.2019.
Prayer in H.C.P(MD)No.659 of 2019:- Hebeas Corpus Petition filed under Article 226 of Constitution of India, praying for the issuance of a Writ of Hebeas Corpus, directing the respondents 1 & 2 to produce the body of the petitioner's son/detenue, namely, Manoj, aged about 26 yeares from the detention of the third respondent and set him at liberty. ORDER:- This Crimiminal Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.M.Rajaguru, Advocate for the Petitioner and Mr.Rms.Sethuraman, Government Advocate for the respondents 1 to 3, this Court made the following order:
(Order of the Court was made by M.S.RAMESH, J.) Through an order dated 22.07.2019 passed in HCP(MD) No.659/2019, a Coordinate Bench of this Court had directed the respondent police to conduct a speedy enquiry in the following manner:
"Be that as it may, the second respondent police is directed to conduct speedy and quality investigation in respect of the case in Crime No.450 of 2019 and as and when the detenu is traced, he shall be produced before the Court of Judicial Magistrate, NO.I, Karur for passing appropriate orders as to his custody and before doing so, the second respondent shall inform the petitioner in advance. The Deputy Superintendent of Police, Karur is also directed to periodically monitor the investigation and if required, he shall give necessary inputs to the second respondent."
2. Today, when the matter was called, the learned Additional Public Prosecutor produced a copy of the order passed by the Judicial Magistrate, No.I, Karur dated 04.05.2023, wherein, the petitioner's son Manoj was produced before the learned Magistrate and the same was recorded in the following manner: "Order 04.05.2023 The missing man produced. The de-facto complainant present. The missing man namely Manoj represent that due to quarrel with his family he went out of his house and not intimate where he was to his family. As the missing man is major he was set at liberty. (s/d. K.Ambiga) Judicial Magistrate No.I Karur"
3. In view of the above, the prayer sought for has become infructuous. Accordingly, this petition is closed.
Sd/- Assistant Registrar(CS I) // True Copy // /09/2023 Sub Assistant Registrar(CS) TO 1.The Judicial Magistrate No.I, Karur.
2.The Superintendent of Police, District Police Office Thanthondrimalai,
3.The Deputy Superintendent Of Police, Karur Division, 4.The Inspector of Police Karur Town Police Station, Karur Karur District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ORDER DATED : 24/08/2023 ==========================
ORDER
========================== CRL MP(MD). No.6517 of 2023 in H.C.P.(MD)No. 659 of 2019 Giving direction and etc.
as stated within.
KSR(07.09.2023) 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.