Madras High CourtHCP(MD)/943/2021closed

T.Elavarasi v. The Superintendent Of Police

2022-06-06Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

H.C.P.(MD) No.943 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE S.ANANTHI H.C.P.(MD) No.943 of 2021 T.Elavarasi ... Petitioner/ Daughter of the Detenu -vs1. The Superintendent of Police, Madurai, Madurai District.

2. The Inspector of Police, Town Police Station, Madurai.

... 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 in person or body of the petitioner's mother Rajeswari wife of Late.Thangamalai Ramasamy, aged about 44 years, before this Court and set her at liberty.

For Petitioner :

Mr.J.Senthil Kumaraiah For Respondents :

Mr.t.Senthil Kumar, Additional Public Prosecutor

O R D E R

[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the respondents 1 and 2 to produce the petitioner's mother Rajeswari, W/o.Late.Thangamalai Ramasamy, aged about 44 years, before this Court and set her at liberty.

2. It is the case of the petitioner that her mother Rajeswari, aged about 44 years, went missing from 23.05.2021 and that the police are not taking effective steps to secure her.

3. Today, Mr.R.Krishnamoorthy, Special Sub-Inspector of Police, Usilampatty Town Police Station is present. On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Usilampatty Town Police Station Crime No.257 of 2021 has been registered on 27.05.2021 for 'woman missing' and investigation is in progress.

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H.C.P.(MD) No.943 of 2021

4. Thus, it is not the case of the petitioner that her mother is in the illegal custody of the respondents herein for the issuance of writ of habeas corpus.

5. Hence, this petition is closed, with a direction to the Deputy Superintendent of Police, Usilampatty, to supervise the investigation in Usilampatty Town Police Station Crime No.257 of 2021 and keep the petitioner informed of the developments, if any. As and when the petitioner's mother Rajeswari, aged about 44 years, is secured, she shall be produced before the Judicial Magistrate Court No.I, Usilampatty, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) pkn To:

1. The Superintendent of Police, Madurai, Madurai District.

2. The Inspector of Police, Town Police Station, Madurai.

3. The Deputy Superintendent of Police, Usilampatty, Madurai District.

4. The Judicial Magistrate No.I, Usilampatty, Madurai.

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

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